Gilbert v Spoor

Subject Matter

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 houses — 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, s 84(1) (as amended by Law of Property Act 1969, s 28, Sch 3)

[1983] Ch 27; [1982] 3 WLR 183