000			01907cam a2200277 4500
001			ABS63478
008			000000n2001 000 0 eng u
035			_a(Sirsi) u110722
245			_aIn Davies and others' application
260			_c2001
490			_aEstates Gazette _v[2001] 03 EG 134-139(6)
520			_aLT 5 October 2000. Two of the applicants, Mr and Mrs Davies, acquired a detached house and redundant agricultural buildings (the stables) from the SoS Wales acting on behalf of the Forestry Commission. Having obtained planning permission to convert the stables the Davies applied to have a restrictive covenant, requiring them to obtain permission from the vendor before altering any of the existing buildings or erecting new structures, discharged or reworded. The Davies, together with a third applicant Mr Murphy, contended that the covenant was either obsolete under Law of Property Act 1925 s84(1)(a) or that the proposed discharge or modification would not injure the persons entitled to the benefit under s84(1)(c). The first ground was rejected as it provided the Forestry Commission (the objector) with a means of control over development on the land but it was ruled that the covenant should be reworded under the second to allow the work for which planning permission had been given to take place. Compensation of £2,450 was to be paid to the objector under ground (c)(ii) by the applicants, who were also to pay half of the objector's costs.
590			_aABS
650			_aAGRICULTURAL BUILDINGS
650			_aCOMPENSATION
650			_aCONVERSIONS
650			_aDAVIES APPLICATION
650			_aDISCHARGE
650			_aLAW OF PROPERTY ACT 1925 S84(1)(A)
650			_aLAW OF PROPERTY ACT 1925 S84(1)(C)
650			_aMODIFICATION
650			_aPLANNING PERMISSION
650			_aRESTRICTIVE COVENANTS
690			_aPROPERTY AND LAND LAW-CASE LAW
942			_n0
999			_c65990 _d65990