000 01820cab a2200277 4500
001 ABS59359
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u88409
041 _aeng
245 _aUniversity of Westminster v President LT
260 _c1998
350 _a0
490 _aAll England Law Reports
_v[1998] 3 ALL ER 1014-1024(13)
520 _aCA 15 July 1998. The University of Westminster (W) applied to the LT to discharge or modify user restrictions on its land. There was no response or objections to the notice of application served on those persons entitled to the benefit of the restrictions. The LT refused to discharge the restrictions on the basis that if the notice had indicated that the applicants sought to remove all restrictions on user there may have been objections. However, it determined that the restrictions should be modified to allow for general education purposes. W appealed contending inter alia that in the absence of evidence that any potential objector was misled by the notice, the LT was bound to discharge the restrictions. CA held that W had failed to satisfy the LT either, that some reasonable user of the land would be impeded unless the restrictions were wholly discharged or, that the persons entitled to the benefit of restrictions had to be taken to have agreed to the discharge. Appeal dismissed.
650 _aDISCHARGE
650 _aEVIDENCE OF AGREEMENT
650 _aGEE V NATIONAL TRUST FOR PLACES OF HISTORIC INTEREST OR NATURAL BEAUTY
650 _aLAW OF PROPERTY ACT 1925 S84
650 _aMODIFICATION
650 _aNOTICE OF APPLICATION FOR DISCHARGE OR MODIFICATION
650 _aRESTRICTIVE COVENANTS
650 _aUSER RESTRICTIONS
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c11/09/1998
999 _c55844
_d55844