Re Harper`s application
Re Harper`s application
- 1986
- Property and Compensation Reports (1986) 52 PCR 104-110(7) .
LT (REF/LP/43/1984) 16 April 1986. Application under Law of Property Act 1925 s 84(1) for discharge or modification of restrictions imposed in 1981, forbidding the erection of further buildings on land sold by the council to the applicant. The council, though not objecting to the erection of a house, objected to the application with the object of claiming compensation . Such a claim was originally expressed to be in respect of the increase in market value of the application site if it became available for development and was made under paragraph (i) of the 1925 Act s84(1) amended. At the hearing however, the council`s claim was put under paragraph (ii), that is for a sum to make up for the reduction of the original purchase price due to imposition of the restriction. The claim in the notice of objection was for £9,000; the claim put forward at the hearing was for £3,000. LT held that the application succeeded under s84(1) para (aa); that the claim for compensation on the ground put f
LAND
RESTRICTIVE COVENANTS
LT (REF/LP/43/1984) 16 April 1986. Application under Law of Property Act 1925 s 84(1) for discharge or modification of restrictions imposed in 1981, forbidding the erection of further buildings on land sold by the council to the applicant. The council, though not objecting to the erection of a house, objected to the application with the object of claiming compensation . Such a claim was originally expressed to be in respect of the increase in market value of the application site if it became available for development and was made under paragraph (i) of the 1925 Act s84(1) amended. At the hearing however, the council`s claim was put under paragraph (ii), that is for a sum to make up for the reduction of the original purchase price due to imposition of the restriction. The claim in the notice of objection was for £9,000; the claim put forward at the hearing was for £3,000. LT held that the application succeeded under s84(1) para (aa); that the claim for compensation on the ground put f
LAND
RESTRICTIVE COVENANTS