Developers! Beware of Restrictive Covenants!
Julia Mactear of our property disputes team reviews the locally and nationally significant case of The Alexander Devine Children’s Cancer Trust v (1) Millgate Developments Limited and (2) Housing Solutions Limited. This case is an important Court of Appeal decision which examines whether a developer can apply to retrospectively modify restrictive covenants post development, on public interest grounds under s.84 Law of Property Act 1925.