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Application to discharge or modify under s84, Law of Property Act 1925, as amended

By: Series: NLJ Practitioner ; 150(6956) October 2000, 1523-1524(2)Publication details: 2000Subject(s): Summary: In the first article in a series, the author examines applications to discharge or modify under the amendment to the Law of Property Act 1925 s84. Provides a summary of the amendments by the Law of Property Act 1969 s8 and Schedule III, and looks at the recent case of "In Jilla's Application", where Mr and Mrs Jilla were granted planning permission for an extension, and faced objections from Mrs Melbourne who was interested in her rights to protection under the 1969 covenants. Key arguments for the applicants included: the wording of the covenant did not cover extensions or additions to the building; other building extensions in the neighbourhood had made the restriction obsolete; there would be no significant loss or disadvantage from the alteration; no injury would be caused by the modification of the covenant. The covenant was modified so as to allow its alteration in accordance with the granted planning permission.
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Journal article London Journal article ABS63226 (Browse shelf(Opens below)) 1 Available 109309-1001

In the first article in a series, the author examines applications to discharge or modify under the amendment to the Law of Property Act 1925 s84. Provides a summary of the amendments by the Law of Property Act 1969 s8 and Schedule III, and looks at the recent case of "In Jilla's Application", where Mr and Mrs Jilla were granted planning permission for an extension, and faced objections from Mrs Melbourne who was interested in her rights to protection under the 1969 covenants. Key arguments for the applicants included: the wording of the covenant did not cover extensions or additions to the building; other building extensions in the neighbourhood had made the restriction obsolete; there would be no significant loss or disadvantage from the alteration; no injury would be caused by the modification of the covenant. The covenant was modified so as to allow its alteration in accordance with the granted planning permission.