⇒ Section 84 of the Law of Property Act 1925 grounds a jurisdiction to discharge or modify restrictive covenants affecting freehold land.
⇒ Section 84(1) gives the court a very useful power to declare whether any land is subject to the burden of a restrictive covenant. It thus provides a simple method of determining whether a burden actually runs in a given case.
⇒ S84(2) gives the Upper Tribunal (Lands Chamber) the power to discharge or modify restrictive covenants.
⇒ There are four general grounds for discharging or modifying a covenant (i.e. the Upper Tribunal will only exercise its jurisdiction to discharge/modify if the claimant can make out one of the below four grounds):
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