000			01658cam a2200253 4500
001			ABS63226
008			000000n2000 000 0 eng u
035			_a(Sirsi) u109309
100			_aWilkinson, H
245			_aApplication to discharge or modify under s84, Law of Property Act 1925, as amended
260			_c2000
490			_aNLJ Practitioner _v150(6956) October 2000, 1523-1524(2)
520			_aIn 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.
590			_aABS
650			_aLAW OF PROPERTY ACT 1969
650			_aLAW OF PROPERTY ACT 1925 S84
650			_aRESTRICTIVE COVENANTS
650			_aALTERATIONS
650			_aMODIFICATION
650			_aEXTENSIONS
650			_aPLANNING PERMISSION
690			_aPROPERTY LAW AND PRACTICE
942			_n0
999			_c65243 _d65243