Property Patter: Applications to discharge or modify restrictions

In this episode of Property Patter, Emma Humphreys and Georgina Muskett from our Real Estate Disputes team are joined by Peter Roberts, a registered valuer and expert witness at DWD. They take an in depth look at the Tribunal’s power to modify or discharge restrictions under Section 84 of the Law of Property Act 1925, an Act which is a century old this year. In particular, they discuss some of the following issues in this complex area:

• The various grounds on which an application can be made;
• Who can bring an application;
• What needs to be shown under the most commonly seen ground of “reasonable user”, including valuation considerations;
• The Tribunal’s overarching discretion in these cases;
• Evidence required; and
• The position as to costs.