Stockport Metropolitan Borough Council v Alwiyah Developments
Language: English Series: Property and Compensation Reports ; (1986) 52 PCR 278-286(9)Publication details: 1986Subject(s): Summary: CA 27 July 1983. An appeal from the Lands Tribunal on an application under the Law of Property Act 1925 s84(1) to modify a restrictive covenant on undeveloped land at Romiley,Stockport, adjoining a housing estate also owned by the appellants(A). This had been sold in 1960 by A to the respondent`s predecessors subject to a covenant that it be used for agricultural purposes only. Some occupants enjoyed a view over the respondents`(R) land. R applied to the LT for modification of the covenant to enable them to build homes on part of the land. Although notice of objection had been received from the occupier of a house on the appellants` estate the only objectors to appear at the hearing were the council. LT granted the application on the ground that the only loss would be a slight reduction in price of 11 of the houses if the right to buy option was taken up. Allowing for the statutory discount granted to buyers of council houses the LT assessed the potential loss at a sum of £2,250 and| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37211 (Browse shelf(Opens below)) | 1 | Available | 2897-1001 |
CA 27 July 1983. An appeal from the Lands Tribunal on an application under the Law of Property Act 1925 s84(1) to modify a restrictive covenant on undeveloped land at Romiley,Stockport, adjoining a housing estate also owned by the appellants(A). This had been sold in 1960 by A to the respondent`s predecessors subject to a covenant that it be used for agricultural purposes only. Some occupants enjoyed a view over the respondents`(R) land. R applied to the LT for modification of the covenant to enable them to build homes on part of the land. Although notice of objection had been received from the occupier of a house on the appellants` estate the only objectors to appear at the hearing were the council. LT granted the application on the ground that the only loss would be a slight reduction in price of 11 of the houses if the right to buy option was taken up. Allowing for the statutory discount granted to buyers of council houses the LT assessed the potential loss at a sum of £2,250 and