Craig Duncan Collins v Richard Howell
Decision date: 14 March 2022
Neutral citation: [2022] UKUT 72 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned an application under s.84(1) Law of Property Act 1925 to modify a 2003 restrictive covenant so the owners could build and use a manège at Newpark Stables. The Tribunal found the covenant still secured practical benefits of substantial value to the neighbouring Higher Norris Farm (preservation of views, privacy, tranquillity and rural character) and that proposed mitigation would not adequately avoid those harms. The application to modify or discharge the covenant was dismissed.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
When considering modification under s.84(1)(aa) LPA 1925, the practical benefits conferred on covenant beneficiaries—including preservation of views, privacy, tranquillity and the rural character of land—are material in determining whether a covenant continues to secure benefits of substantial value; expert valuation evidence on diminution of market value and clear evidence about mitigation measures and boundary/ownership matters are relevant and must be robustly reasoned in assessing whether money would provide adequate compensation.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The Tribunal indicated that alternative uses of the land are only relevant if shown to be practical and not speculative, and that the effectiveness of planting or screening as mitigation depends on maturity, longevity and controllability (seasonality, time to mature, potential for cutting back), factors which bear on whether visual and privacy impacts can be mitigated.