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 covenants. In today’s judgment, the Court has sent a warning message to developers who knowingly breach restrictive covenants
Tag Archives: public interest limb
Contractual rights outweigh public interest in restrictive covenant case
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 was prohibited, may now need to be torn down. What happened? Millgate was a developer that owned land