In a very recent judgment, the Supreme Court has given effect to the intention in the Property Law Act 2007 that easements and covenants can be modified and extinguished.
The Court of Appeal had attempted to downplay the wording of the section that provided for easements and covenants to be challenged, in a judgment emphasising contractual property rights. Although the parties had settled, the Supreme Court decided it ought to issue judgment because its views differed so markedly from the Court of Appeal.
To read the full article from the Property Lawyer by Suzanne Robertson QC, click here.
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