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ARTICLE · 05 SEPTEMBER 2019

Achieving A Balance – One-Sided Restrictive Covenants Upheld

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

United KingdomReal Estate and Construction

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.

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