Restrictive Covenant Success for Trinity Barrister at Lands Tribunal

  • Tuesday, August 24, 2021

Head of Trinity Chambers' Business and Property group and Recorder, Simon Goldberg successfully acted on behalf of the Applicants in a Section 84 Law of Property Act 1925 application before the Upper Tribunal (Lands Chamber).

In Smith v Goodwin [2021] UKUT 145 (LC) Simon was instructed by the Applicants who were seeking a discharge/modification of a restrictive covenant on a residential property plot in Wooler near the Scottish Borders. The Applicants' wishes to market the plot for development were restricted by the covenants on the property.

Representing the Objector was Trinity Business & Property barrister, Chris Hegarty.

Following representations from both sides and also an inspection of the plot by the Tribunal Judge, Mr Peter D McCrea FRICS FCIArb, the application for modification succeeded under ground (c) of section 84(1) of the Law of Property act 1925. Such modifications are relatively rarely granted by the Upper Tribunal.