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HM Courts & Tribunals Service
General

Case number: LC 2021 000472

Notice ID: BRA2300584

Notice effective from
13th January 2022 to 12th February 2022

Case number: LC 2021 000472

HM Courts & Tribunals Service The Upper Tribunal (Lands Chamber):

The Upper Tribunal (Lands Chamber):

There is an application to modify restrictive covenants affecting the use of the land referred to below.

Take notice that an application under section 84 of the Law of Property Act 1925 to modify restrictions in a covenant affecting the land referred to below has been made to the Tribunal. If you are legally entitled to the benefit of the covenant and you wish to object to the application, you should object within 1 month of the date of this notice.

The application relates to land at 21 Cadehill Road, Stocksfield, NE43 7PT.

The applicants are Kim Moore and Colleen Cairns. The covenant contained In a deed of mutual covenants dated 30 May 1895 made between the 53 persons whose names and addresses and occupations are set out In the schedule to the deed of mutual covenants in respect of which the application is made contains the following restriction:

"A majority of the Mutual Covenantors may at any duly convened meeting fix the position of building lines on any part of the estate and no dwelling house coal house hen house cow byre stable piggery greenhouse or any other building whatever shall be built erected or set up upon the land lying between the said building line and the road or roads abutting upon each lot and such majority may appoint a Committee of not less than nine members chosen from the Mutual Covenantors whose duty it shall be to inspect plans of dwelling-houses and other buildings proposed to be erected and no dwelling house or other building shall be erected unless the plans thereof have first been submitted to and approved by a majority of such committee.' The application seeks the modification of the restriction so as to permit the applicants' proposed works to demolish an existing dwelling on the application land, to split the application land into two plots, and to build two new dwellings (one dwelling on each plot). Modification Is sought on the following grounds:

(aa) that unless modified the covenant would impede the use of the land as two new proposed dwellings; that such use Is a reasonable use; that in impeding that use the restriction does not secure to the persons entitled to the benefit of it any practical benefits of substantial value or advantage; and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the modification;

(c) that the proposed modification will not injure the persons entitled to the benefit of the restriction.

You may inspect the application, plan and other documents at Finest Properties estate agents of 15, Crossways, Corbridge, Northumberland. NE45 5AW during office working hours. A copying charge may be payable if copies are required.

If you are a person legally entitled to the benefit of the restrictive covenant and you wish to object to the application, you may download a Notice of Objection form (form T381) from the Lands Chamber website or contact: The Registrar, Lands Chamber, 5th Floor, Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL (or telephone 020 7612 9710) and ask for an objection form. The form should be completed and signed and sent to the Tribunal and also to the applicants' solicitors within 1 month of the date of this notice. You may apply for an extension of this time period.

Persons who file objections become parties to the case, and, provided they are entitled to object, they may appear at the hearing of the application, if there is one. Objecting to an application is the assertion of a property right. The applicants will be asked whether it accepts that the person giving notice of objection is entitled to the benefit of the restriction of which discharge or modification is sought. If it does not accept this, it will be for the Tribunal to determine whether or not the objector appears to be so entitled and should therefore be admitted to oppose the application. If such a determination has to be made the general rule is that the unsuccessful party will pay the costs of the party in whose favour the determination is made.

Regarding the application to modify a restrictive covenant, when there is a person or people entitled to its benefit the applicant is seeking to have a property right removed from them. For this reason, successful objectors may normally expect to have their legal costs paid by the unsuccessful applicant. Likewise, although they will usually pay their own costs, unsuccessful objectors will not normally be ordered to pay the costs of successful applicants. Only an objector who acts unreasonably may be required to pay some or all of the applicants' costs.

The applicants may rely on a lack of objections, or a failure on the part of any particular person to object, in support of the application.

If you are unsure of your position you should seek legal advice Signed Gordons LLP Date 13th January 2022



Status Applicants' Solicitor

Address Gordons LLP, Riverside West, Whitehall Road, Leeds West Yorkshire, LS1 4AW

Telephone 0113 227 0343

Attachments

BRA2300584.pdf Download

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