Modifying a restrictive covenant
Covenants that restrict the use of land (known as restrictive covenants) can be discharged or modified if they have ceased to serve a useful purpose and are of no real benefit to local people.
The case of James Hall and Company (Property) Limited v Maughan & Ors [2017] proved this point, as the Upper Tribunal (UT) opened the way for the conversion of a hotel and pub into a convenience store.
The pub’s title deeds contained a restrictive covenant, dated 1966, which stated that the site could only be used as a hotel or licensed victualler. However, its brewery owners took the view that it was unviable as a business and had agreed to sell it to a developer who wished to turn it into a shop.
Completion of the sale was dependent on the covenant either being erased or modified and the developer applied to the UT with that objective in mind. A number of local residents objected on the basis that the pub had a loyal clientele and was an essential community hub, particularly for elderly and frail locals.
The developer, however, pointed to the pub’s high overheads and very modest profits. Despite having had eight different landlords in recent years, none of them had managed to make it an economic success.
The objections were largely based on nostalgic recollections of the pub in its heyday and, if the conversion proposals were blocked, the likelihood was that it would be closed and boarded up.
In modifying the covenant to enable the pub’s transformation into a shop, the UT found on the evidence that the restriction on the land’s use did not secure any practical benefits for the objectors.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Listed despite problems with its design.
Zen and the art of cycling exploration.
Design Council Homes Taskforce launched
To support government 1.5 million homes target within UK climate commitments.
The story of this knowledge quarter building.
In ecology, in hydrology, in biology and in architecture.
Creating environments that promote physical, mental, and social well-being.
UK cases of neutral current diversion
Research project looks for example contributions.
Overstocking and macro-economics cause a decline.
The 2024 update of the Common Assessment Standard
Demonstrating organisational capability’ to fulfil roles under the Building Safety Act.
56 recommendations for a better built environment
Published by the CIC ahead of the King’s Speech.
SkillELECTRIC Top 8 Competitors Named
in annual search for the UK’s best student electrician.
CIOB Diversity and Inclusion technical information sheet
Step-by-step guide on implementing D and I practices.
Conservation and the Indian City. Book review.
Reversibility in conservation ethics
Learning from painting conservation.
Where It's AT Podcast launched!
New CIAT Architectural Technology Podcast goes live.