Ebbsfleet Farm, Ebbsfleet Land, Minster - Discharge (remove) a restrictive covenant

Tribunal reference LC-2023-000354
His Majesty’s Courts and Tribunals Service
Restrictive Covenant application

An application under section 84 of the Law of Property Act 1925 has been made to the Upper Tribunal Lands Chamber to discharge (remove) a restrictive covenant affecting the land referred to below. This notice provides details of the application.

The applicant is Struan Gordon Robertson
The applicant’s address is Sarners Farm, Kake Street, Waltham, Kent, CT4 5SA
The applicant’s representative is Lee Quickenden
The representative’s address is: Girlings Solicitors, 35-41 Stourside Place, Station Road Ashford, Kent, TN23 1PP
The representative’s email address is Leequickenden@girlings.com

Details of the land
The application land is at Ebbsfleet Farm, Ebbsfleet Land, Minster, Kent registered with HM Land Registry under title number K75530

Details of the covenant
The restrictive covenant was imposed by a transfer of the land dated 14th September 1995. The transfer was made between Chardon Developments Limited (transferors) and Ian Peter Allen Smith and Jillian Rosemary Smith (transferees).

The part of the covenant which the applicant wants to remove says this:
“ the transferees hereby covenants with the transferors so as to benefit the remainder of the land now comprised in title number K716058 and so far as to bind the land hereby transferred into whosoever hands the same may come not to use the land hereby transferred or permit or suffer the land hereby transferred to be used for any purpose other than agriculture.”

Details of the applicant’s intentions
The applicant wants the covenant to be discharged because he believes it to be obsolete. He currently has no plans to use the land for any purpose other than agriculture.

If you would like a copy of the application to the Tribunal please contact the applicant’s solicitor who will supply you with a copy.

Objecting to the application
If you are legally entitled to the benefit of the covenant and wish to object to the application you should send notice of your objection to the Tribunal and to the applicant’s solicitor within 1 month of the date of this notice. You can do so on Notice of Objection Form T381, which you can download from the Upper Tribunal, Lands Chamber website (https://www.gov.uk/government/publications/form-t381-notice-of-objection-to-a-restrictive-covenant-application) or contact: The Registrar, Upper Tribunal Lands Chamber, 5th Floor, Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL (or telephone 020 7612 9710) and ask for an objection form. You may apply for an extension if there is a good reason why you cannot send your objection in time.

Successful objectors may normally expect to have their reasonable legal costs paid by the applicant. Unsuccessful objectors will usually pay their own costs but will not normally be ordered to pay the costs of successful applicants. Only an objector who acts unreasonably may be required to pay any of the applicant’s costs.

If you are unsure of your position you should seek legal advice.

Signed: Girlings Solicitors LLP
Girlings solicitors, 35-41 Stourside Place, Station Road, Ashford, Kent, TN23 1PP
Telephone: 01233 664711
Email: Leequickenden@girlings.com
Date: 09.08.2023
Tribunal reference: LC--2023-000354