The Weekly Law Reports
[1982] 3 WLR 183
[COURT OF APPEAL]
GILBERT v. SPOOR AND OTHERS
1981 Dec. 14,
15;
1982 Feb. 5
1982 Feb. 5
Waller, Eveleigh and Kerr L.JJ.
Restrictive Covenant
— Discharge or modification
— Practical benefit
— Building scheme
— Covenants by original purchasers of each plot not to build more than one house
— Application by one owner to allow additional house
— Owners of adjacent properties within scheme objecting
— Threat to view enjoyed from vicinity of but not from objectors' land
— Whether view “practical benefits of substantial … advantage” to objectors
—
Law of Property Act 1925 (15 & 16 Geo. 5, c. 20), s. 84 (1) (as amended by Law of Property Act 1969 (c. 59), s. 28, Sch. 3)