|
Restrictive covenant - modified |
|
|
Who can enforce a restrictive covenant that has previously been modified by the Lands Tribunal?
The answer will depend on the wording of the order made by the LT, but the key point to note is that it can never be a wider group of people than were originally able to enforce the covenant. Thus, the starting point will be that a covenant can be enforced by those who originally had the benefit of the un-modified covenant, unless the LT’s modification said that the benefit was to be confined to a narrower class. What the LT cannot do, however, is extend the benefit of the covenant to a wider group that were not previously able to enforce the covenant.
|
|
April 2009 |