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Restrictive covenants - a recent Supreme Court ruling provides a useful warning to property investors and developers
Tristan Wark is a Senior Associate in our Real Estate team. His analysis of the recent Supreme Court case, Alexander Devine Children’s Cancer Trust v Housing Solutions Limited  UKSC 45, was originally published in the December 2020 edition of Property Investor News
I have sometimes come across blasé attitudes from developers when it comes to existing restrictive covenants on the title that may conflict with the proposed development– “the covenants are very old, I’m sure it will be OK” or “it’s fine, let’s just get insurance” are a common response to raising a potential restrictive covenant issue.
Alexander Devine Children’s Cancer Trust v Housing Solutions Limited  UKSC 45 provides a useful warning to property investors and developers of the worst case scenario that can arise when a restrictive covenant is intentionally breached, and an interesting discussion regarding public interest in the context of restrictive covenants.
Tristan Wark, Senior Associate, real Estate, Goodman Derrick LLP
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This guide is for general information and interest only and should not be relied upon as providing specific legal advice. If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.