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Clarke v Murphy and Ors [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: LP/18/2008, 12 May 2009. Concerns an application by C to modify or discharge restrictive covenants to allow the demolition of a property and the erection of new dwellings on land which she owns. This proposal was objected to by those on neighbouring plots on the Estate, although it had received outline planning permission. The preliminary issue under consideration related to whether there was reciprocity of obligations between the purchasers of the plots, of which C's plot was one, enabling certain of the neighbours to object to the proposal. Held: It was clear from evidence presented to the Tribunal that the original purchasers of the nine plots on the Estate were each aware that the obligations contained in the relevant covenants were reciprocal.

LP/18/2008, 12 May 2009. Concerns an application by C to modify or discharge restrictive covenants to allow the demolition of a property and the erection of new dwellings on land which she owns. This proposal was objected to by those on neighbouring plots on the Estate, although it had received outline planning permission. The preliminary issue under consideration related to whether there was reciprocity of obligations between the purchasers of the plots, of which C's plot was one, enabling certain of the neighbours to object to the proposal. Held: It was clear from evidence presented to the Tribunal that the original purchasers of the nine plots on the Estate were each aware that the obligations contained in the relevant covenants were reciprocal.