Effect of modification of a restrictive covenant on a dependent right of way | Practical Law

Effect of modification of a restrictive covenant on a dependent right of way | Practical Law

Hotchkin v McDonald, 20 April 2004, (Court of Appeal). The Court of Appeal has held that where the grant of a right of way is dependent on terms of a restrictive covenant, any modifications to that covenant will also modify the terms of the right of way.

Effect of modification of a restrictive covenant on a dependent right of way

Practical Law UK Legal Update 0-107-2524 (Approx. 4 pages)

Effect of modification of a restrictive covenant on a dependent right of way

by NATING GROUP
Law stated as at 29 Apr 2004 • England, Wales
Hotchkin v McDonald, 20 April 2004, (Court of Appeal). The Court of Appeal has held that where the grant of a right of way is dependent on terms of a restrictive covenant, any modifications to that covenant will also modify the terms of the right of way.