Property Litigation Cases Round-Up: August 2026

August delivered a number of interesting property litigation decisions.

Here are the cases that caught our eye. First, two cases which show that the courts can and will remove covenants that no longer secure a practical benefit of substantial value:

1. Domus Living Ltd v Edward VII Estates Ltd

In Domus Living Ltd v Edward VII Estates Ltd [2026] UKUT 287 (LC), the owner of a property built a substantially larger house than permitted by a restrictive covenant and then applied to have the covenant discharged. The objector argued that the breach could affect future development opportunities elsewhere on the wider estate.

The Upper Tribunal found there was no real evidence of loss, no meaningful practical benefit being protected by the covenant, and no reason why the covenant should remain in place. The covenant was discharged without compensation.