Restrictive Covenants and Ex-local Authority Property

09/11/2021 10:00 am
Current Status
Not Enrolled
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Summary: Restrictive covenants in relation to a transfer of housing stock from councils to housing associations and in particular a covenant ‘not to build’ and who has the benefit following transfer.

Delegates will learn the following:

  • Establishing who has the benefit not to build
  • Whether it remains enforceable after disposal
  • The purpose the restrictive covenant was supposed to serve
  • Identifying the benefitting land
  • R(Halls) v Braintree District Council (2000) 80 P & CR 266
  • Benefit under the common law
  • Statutory annexation
  • Scope to enforce