No modification of restrictive covenant where beneficiary's ‘consent’ based on covenantor's false statement

Table of contents

• Agreement of beneficiary?
• Restriction obsolete?
• Practical benefits?
• No injury to beneficiaries?

Article summary

The beneficiary of a restrictive covenant had not consented to the proposed development where a letter she had written to the local planning authority, confirming she had no objections to the proposed development, was based on a false assumption. The owner of the burdened land had told her that there were no outstanding objections to the planning application for the development, knowing that this was not the case.