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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.
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.
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