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
A call for prevention and sensitive re-use.
The CIAT principal designer register
Providing assurance and verification of the capability and competence of registered ATs.
Building Safety recommendations and Northern Ireland
The NI roadmap to improving safety in high rise residential.
BSA residential sector competence standards guidance
BSAS 01:2024 Organisational Capability Management System Standard - Competence Assurance.
Specifying rendered external wall insulation for fire safety
How to interrogate the evidence provided to the specifier.
The benefits of writing articles for your organisation
How to create a profile for your organisation and publish for free.
No Falls Week. The importance of safe working at height
What to expect and what is on offer to avoid accidents.
Scottish Government action to reach net-zero targets
Retrofit expert group highlight critical actions needed.
A forward thinking, inclusive global community of members.
From engineered product life-spans, to their extension.
Circular economy in the built environment
A brief description from 2021. Where are we now?
CLC publishes domestic retrofit competency framework
Roadmap of Skills for net zero.
Understanding is key to conservation.
Open industry engagement survey seeks responses
Institutions and the importance of engagement.