Restrictive Covenant Derails Village Housing Development
21st July, 2022Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling strikingly showed, that is by no means always the case. Two men wished to build homes for themselves on a parcel of land they owned in the heart of a pretty village. Planning consent for the proposed development had been obtained. The land, however, was subject to a restrictive covenant which dated back to 1960. It required them to obtain a neighbouring landowner's...