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Objecting to adjoining development—developer’s real motive uncovered (Jackson v Roselease)

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Published on: 02 October 2019

Published by a LexisNexis Property expert

Table of contents

What are the practical implications of this case?
What was the background?
What is the law in this area?
What were the objector’s arguments against modification?
What did the UT decide?
What did the UT decide on ground (c)?
What did the UT decide on ground (aa)?
What about the UT’s discretion?
What about payment of compensation to the objector?
Case details

Article summary

Property analysis: The Upper Tribunal (Lands Chamber) (UT) allowed the modification of restrictive covenants to allow a development to take place. It was unconvinced by the objections of a developer who had the benefit of the covenants, as the evidence showed that he had been interested in developing the land himself.

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