The control of land use and development with primary reference to restrictive covenant control and with reference to planning (development) control

• Main Author: Sabey, Donald Leslie
• Published: University of Leicester 1997
• Subjects: 346.04
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.696379

An Introduction to Land Law and Estate Management is given through a consideration of the major legal concepts affecting the control of land use and development - interspersed, at varying stages in the development of the law, with comment on the land management implications for, inter alia, the Strict Settlement and the Lease. This is followed by a brief reference to the influence of the 'land-based' torts and a chronology of public health, housing, planning and environmental legislation. The Central Theme pursues an analytical, historical, 'case-based' approach to the evolution of the law concerning Restrictive Covenants affecting freehold land, with emphasis on the 'building scheme', illustrating the concern of the courts to keep the concept in check whilst at the same time developing and adapting it to meet the social and economic ethos of the times. This is followed by a critical examination of the way in which the statutory mechanism for the discharge or modification of Restrictive Covenants has operated in practice, with emphasis on 'planning and environmental issues', first in the era of the Official Arbitrator and later in the jurisdiction of the Lands Tribunal, highlighting the efforts to attain adaptability to achieve practical relevance to meet changing circumstances and needs. A selective commentary on Planning Control, post the 1947 Town & Country Planning Act, charting its interface with restrictive covenant control, precedes a Conclusion which examines the relevance of the restrictive covenant in an area dominated by comprehensive planning control in a 'plan-led' system, considers proposals for reform, makes comparison with United States proposals for servitude law reform and ends with a brief 'vision' for the future.