Restrictive Covenants: Discharge Or Modification Under Section 84 LPA 1925

Re Tate [2013] UKUT 0289 (LC)

Facts

The applicants had purchased a farmhouse and surrounding buildings and land which was subject to a restrictive covenant imposed by a 1980 conveyance which prohibited the use of the property other than for agricultural use or as a Riding School and Livery Stable. Prior to purchasing the property, the applicants wrote to the objector (who owned neighbouring Green Belt land and enjoyed the benefit of the covenant) to say that they were considering buying the farm and asking whether the objector would consider releasing the covenant. The objector replied to say that it would be prepared to remove the restrictive covenant in return for a payment of £100,000. The applicants subsequently acquired the property.