News & Analysis as of

United Kingdom Restrictive Covenants Real Estate Development

BCLP

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

BCLP on

Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...more

K&L Gates LLP

Developers Beware – Restrictive Covenants Update

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Executive summary - This is the first time that the Supreme Court has had to decide an appeal relating to section 84 of the Law of Property Act 1925 (section 84). This is the piece of legislation that gives the Upper Tribunal...more

BCLP

Bound to fail: Can I rely on my restrictive covenant to prevent building on neighbouring land?

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A proposed development - A developer has obtained planning permission to build some affordable housing, but the land on which it wishes to build borders my land. Several years ago, when the land was divided up from a...more

Hogan Lovells

Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

Hogan Lovells on

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive...more

BCLP

Resolving Agent of Change issues in planning: As easy as noise easements?

BCLP on

This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

Hogan Lovells on

The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

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