First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.
The Restrictive Covenant in the Control of Land Use
Part 1. The Evolution of the Law of Restrictive Covenants. 1. The Restrictive Covenant before 1926. 2. The Restrictive Covenant after 1925. Part 2. The Discharge or Modification of Restrictive Covenants. 3. Discharge or Modification and the Official Arbitrator. 4. Discharge or Modification and the Lands Tribunal before 1970. 5. Discharge or Modification and the Lands Tribunal after 1969. Part 3. The Future for Restrictive Covenants. 6. The Restrictive Covenant and Law Reform. 7. The Restrictive Covenant and Planning Control.