[2007] EWCA Civ 1088. Considers whether a Lands Tribunal decision that its compensation for modifying a restrictive covenant should be made against the development value of a site had uncovered an error in law. The appellant freeholder (W) owned a house next to a site which the respondent (T) had developed. T modified a restrictive covenant in order to build two houses on this site. W then became aware of the covenant. W was awarded a sum which T should pay in the continued absence of foundation strengthening work. W argued that this was inadequate as it should have been assessed by reference to the additional development value; that T had deprived W of the opportunity to influence this development; that T should have strengthened the site previously; and that too much emphasis was put on the opportunity for alternative development. "Held": The negotiated share approach was well recognised in law. The Tribunal could be criticised for accepting this without further argument, but its conclusion was sound. The circumstances were not sufficiently different for the precedent to be undermined. W's late acceptance of the need for strengthening was unsatisfactory but did not reveal an error in law.