Modifying or Discharging Restrictive Covenants: A hundred years of balancing private rights vs the public interest
By Sue Long
Restrictive covenants are long-standing features of English property law, often imposed to preserve the character or use of land. However, as land use evolves, many of these covenants become outdated or obstructive to modern development. Fortunately, there are legal mechanisms available to discharge or modify such covenants, the most common being under Section 84 of…
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