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Re Clearwater Properties Ltd's Application [2013] UKUT 210 (LC)

DATE: 29 May 2013

The President of the Lands Chamber (Sir Keith Lindblom) dismissed an application to discharge a restrictive covenant under section 84(1)(b) of the Law of Property Act 1925.  He rejected the Applicant’s contention that, in the course of without prejudice correspondence, the party with the benefit of the covenant (a local authority) had consented to the discharge of the covenant.

Tom Weekes appeared for the objector.