000			01948cab a2200205 4500
001			##L132505
008			060213n2006 000 0 eng u
035			_a(Sirsi) u132505
041	0		_aeng
245	0	0	_aShephard and others v Turner and another
260			_c2006
520			_a[2006] EWCA Civ 8, 23 January 2006. Considers whether the concept of reasonable user in the Law of Property Act 1925 S 84(1)(aa) referred to the long-term use of land rather than the process of transition to such a use. Appeal by S against a LT decision permitting modification of restrictive covenants affecting eight houses in a cul-de-sac. T applied to modify the extant restrictive covenants under the Law of Property Act 1925 S84(1)(aa) to permit construction of a dwelling and a garage. LT held that the modification would not injure S or affect the value of their properties even taking into account the thin edge of the wedge factor in permitting the development. S submitted amongst other arguments that LT had applied the wrong legal test and was wrong to conclude that the overall benefits secured by the covenants were not of substantial value within s84(1)(a) of the 1925 Act. "Held": appeal dismissed. LT had not applied the right legal test. The concept of reasonable user in S84(1)(aa) of the Act referred to the long-term use of the land rather than the process of transition to such a use. The primary consideration was the covenant's value in providing protection from the effects of ultimate use rather than from the short-term disturbance inherent in any construction project.
590			_aIKA140206
650	2	4	_aLAW OF PROPERTY ACT 1925 S84(1)(A)
650	2	4	_aLAW OF PROPERTY ACT 1925 S84(1)(AA)
650	2	4	_aSHEPHARD AND OTHERS V TURNER AND ANOTHER
690			_aPROPERTY-PROPERTY DEVELOPMENT
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/8.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76479 _d76479