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Restrictive Covenants › Urban Planning & Development

BCLP

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

BCLP on

Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

Ward and Smith, P.A. on

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

Hogan Lovells

Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

Hogan Lovells on

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive...more

BCLP

Resolving Agent of Change issues in planning: As easy as noise easements?

BCLP on

This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

Hogan Lovells on

The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Ward and Smith, P.A.

Real Property: More Than Meets the Eye

Ward and Smith, P.A. on

Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other physical characteristics are other important factors. Nonetheless, there are...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

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