Section 84 | Power To Discharge Or Modify Restrictive Covenants Affecting Land | Law Of Property Act 1925 C20

84 Power to discharge or modify restrictive covenants affecting land

Law of Property Act 1925 (1925 c 20) | Legislation

84 Power to discharge or modify restrictive covenants affecting land

[(1) The [Upper Tribunal] shall (without prejudice to any concurrent jurisdiction of the court) have power from time to time, on the application of any person interested in any freehold land affected by any restriction arising under covenant or otherwise as to the user thereof or the building thereon, by order wholly or partially to discharge or modify any such restriction on being satisfied—

(a) that by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the [Upper Tribunal] may deem material, the restriction ought to be deemed obsolete; or

(aa) that (in a case falling within subsection (1A) below) the continued existence thereof would impede some reasonable user of the land for public or private purposes or, as the case may be, would unless modified so impede such user; or

(b) that the persons of full age and capacity for the time being or from time to time entitled to the benefit of the restriction, whether in respect of estates in fee simple or any lesser estates or interests in the property to which the benefit of the restriction is annexed,