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
