Duffield & Anor v Gandy [2008] EWCA Civ 379 (17 April 2008)

  • Article
  • Published: 17 Apr 2008
  • Last edited: 18 Jun 2010

Syndicated from Real Property

The Appellant sought to appeal the decision of the Lands Tribunal refusing to modify or discharge a restrictive covenant. The Appellant obtained planning permission to build a bungalow in the corner of his property. The property was subject to a restrictive covenant prohibiting the erection of a "residence". The Tribunal had been entitled to conclude the practical benefits of the restriction were of substantial value or advantage to the Respondent.

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