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Commercial Leases

Restrictive covenant – rights of lessees – extent to which land is burdened

89 Holland Park Management Ltd and others v Sophie Louise Hicks [2013] EWHC 391 (Ch) (Mr Robert Miles QC sitting as a Deputy Judge of the Chancery Division) (27 February 2013)

Readers who put together development schemes need to keep a careful eye on the burden of any restrictive covenants on any land proposed to be acquired. This case, which is of general interest in respect of the benefit and burden of restrictive covenants, also raises the issue of the rights which lessees may have to enforce the benefit of a restrictive covenant.

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