Modification and release—non-statutory
Modification and release—non-statutory

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Modification and release—non-statutory
  • Express release
  • Acquiescence in breach
  • Covenants ceasing to be enforceable

Express release

A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land benefiting to ensure that all beneficiaries join in to give effect to the variation or release. If the registrar is not satisfied that all beneficiaries are parties to the deed, he will only enter notice that the covenant is expressed to be released or modified by the deed.LRA 2002, s 23

The wording of the document itself is crucial in establishing whom to approach. The original beneficiary may find that his drafting does not achieve the intended result. In City Inn (Jersey) v Ten Trinity Square only the consent of the original transferor was held to be required to the carrying out of works. The restrictive covenant was drafted so as to be for the benefit of the transferor and his successors in title, but the clause requiring consent to the works r