Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Re Martin's Application (1989)

353 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Re Martin’s Application (1989) 57 P & CR 119

LAND LAW – RESTRICTIVE COVENANTS – DISCHARGE – PLANNING PERMISSION – PRACTICAL BENEFIT

Facts

A local authority conveyed land to an individual containing a covenant requiring the purchaser to preserve the land as an open, undeveloped area. The purchaser acquired planning permission to develop the land in a manner which would breach the covenant.

Issues

S.84 of the Law of Property Act 1925 grants the Upper Tribunal the discretion to alter or completely discharge restrictive covenants in any of four circumstances. One such circumstance is where the continued existence of the covenant would impede some reasonable user and either is contrary to the public interest or does not secure to persons entitled to the benefit of it any practical benefits of substantial value or advantage to them.

The issue in this case was the impact of the defendant’s planning permission on the court’s discretion to discharge or modify the covenant on this ground.

Decision/Outcome

The Court of Appeal held that the planning permission and restrictive covenant regimes are two separate entities which might be relevant to each other, but not necessarily.

This had two implications. Firstly, the existence of planning permission does not immunise the defendant from liability for breach of any restrictive covenant to which his land is bound. Secondly, the existence of planning permission is a relevant, but not decisive, factor to consider when determining whether the covenant’s existence is contrary to the public interest.

The Court of Appeal also noted that the definition of ‘practical benefit of substantial value’ did not require the benefit to be an economically-valuable asset. Particularly where the beneficiary of the covenant is a local council (and therefore mainly concerned with public interest), non-economic advantages like avoiding high-density developments can count as a relevant, sufficient practical benefit.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles