In Gary Owen & Heather Richards/Re: 141a Dunstans Road,
East Dulwich [2019] UKUT 171 (LC), the owners of a freehold
property at 141a Dunstans Road in East Dulwich sought to challenge
restrictions on the use of their property which had been imposed by
a former owner of the property in 1984. At that time, the property
had been converted from a single double-fronted, two-storey
Victorian residential property into two self-contained freehold
residential units, divided vertically and accessed from the road
through a single central front door into a communal hallway - with
separate internal doors serving each property.
The owners of No.141a made an application to the Upper Tribunal
to discharge or modify the restrictions, which is an option
available under s.84 of the Law of Property Act 1925. The
application was opposed by the neighbours at No.141, who enjoy the
benefit of the covenants as successors to the original party who
had imposed the covenants.
