Modification and release of restrictive covenants—the non-statutory route

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

  • Modification and release of restrictive covenants—the non-statutory route
  • Express release
  • Acquiescence in breach
  • Covenants ceasing to be enforceable
  • Building schemes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.

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.

The wording of the restrictive covenant 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

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