RESTRICTIVE COVENANT APPLICATION: PUBLICITY NOTICENotice ID:
Her Majesty's Court and Tribunals Service Upper Tribunal (Lands Chamber)
RESTRICTIVE COVENANT APPLICATION: PUBLICITY NOTICE
TAKE NOTICE that an application under section 84 of the Law of Property Act 1925 to modify restrictive covenants affecting the land referred to below has been made to the Tribunal. If you are legally entitled to the benefit of any of the covenants and you wish to object to the application, you should object within 1 month of the date of this notice.
The application relates to the land at Tanyard Cottage, Langshott Lane, Horley, Surrey RH6 9LH
The applicants are Matthew Gerard Long and Amanda Claire Long.
The covenants contained in:
1. A conveyance dated 29 September 1923 made between (1) Frederick James Nightingale and (2) John Garland;
2. A transfer dated 15 April 1988 made between (1) Wates Built Homes Limited and (2) Keith John Parker and Helen Gwawr Parker; and
3. A transfer dated 20 September 1988 made between (1) Keith John Parker and Helen Gwawr Parker and (2) Dennis Roy Cook and Louise in respect of which the application is made contain the following restrictions:
1.The conveyance imposes the following restriction interalia: Not to erect more than one detached dwelling house of the value of One thousand pounds at least on each of the fields Numbered 813 and 813A on the said plan and not more than three dwelling houses of the value of One thousand five hundred pounds at least on the Field Numbered 843 on the said plan and not more than two dwelling houses of the value of One thousand five hundred pounds at least on each of the fields Numbered 844 and 858 on the said plan.
2. The transfer of 15 April 1988 imposes the following restriction inter alia: Not to use the land hereby transferred for any other purpose than two private dwelling houses and not to erect any buildings or alter the existing buildings on the land hereby transferred without the consent in writing of the Transferor. Such consent not be unreasonably withheld or delayed in the case of alterations as provided in subclause (a) above
3. The transfer of 20 September 1988 imposes the following restriction inter alia: No building on the Property shall be used for any purpose other than a single private dwelling house in the occupation of no more than one family; and no buildings shall be erected on the Property without the consent in writing of the Transferor first obtained.
The application seeks the modification of the restriction so as to permit a second dwelling house to be built on the application land to be used as such.
Modification is sought on the following grounds:
(aa) that unless modified the covenant would impede the use of the land for the building of a second dwellinghouse and garage; that such use is a reasonable use; that in impeding that use the restriction does not secure to the persons entitled to the benefit of it any practical benefits of substantial value or advantage; and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the modification;
(c) that the proposed modification will not injure the persons entitled to the benefit of the restriction.
You may inspect the application, plan and other documents at Tanyard Cottage, Langshott Lane, Horley, Surrey RH6 9LH or IBB Solicitors, Capital Court, 30 Windsor Street, Uxbridge, Middlesex UB81AB during office working hours by prior appointment. A copying charge may be payable if copies are required.
If you are a person legally entitled to the benefit of the restrictive covenant and you wish to object to the application, you may download a Notice of Objection form from the Lands Chamber website or contact:
The Registrar, Lands Chamber, 45 Bedford Square, London WC1B 3DN (or telephone 020 7612 9710) and ask for a form of objection (Form LPD). The form should be completed and signed and sent to the Tribunal and to the applicants or, if they are represented, their solicitors within 1 month of the date of this notice. You may apply for an extension of this time period.
Persons who file objections become parties to the case, and, provided they are entitled to object, they may appear at the hearing of the application, if there is one. Objecting to an application is the assertion of a property right. The applicants will be asked whether it accepts that the person giving notice of objection is entitled to the benefit of the restriction of which discharge or modification is sought. If they do not accept this, it will be for the Tribunal to determine whether or not the objector appears to be so entitled and should therefore be admitted to oppose the application. If such a determination has to be made the general rule is that the unsuccessful party will pay the costs of the party in whose favourthe determination is made.
Regarding the application to modify a restrictive covenant, when there is a person or people entitled to its benefit the applicant is seeking to have a property right removed from them. For this reason, successful objectors may normally expect to have their legal costs paid by the unsuccessful applicants. Likewise, although they will usually pay their own costs, unsuccessful objectors will not normally be ordered to pay the costs of successful applicants. Only an objector who acts unreasonably may be required to pay some or all of the applicants' costs. The applicants may rely on a lack of objections, or a failure on the part of any particular person to object, in support of their application. If you are unsure of your position you should seek legal advice
Signed: IBB Solicitors Dated: 30 April 2014
Address Capital Court, 30 Windsor Street, Uxbridge, Middlesex UB8 1AB
Phone number: 08456 381381 Fax number: 08456 381351