Derreb Ltd v Blackheath Cator Estate Residents Ltd, Prince, Prince, Harpin and White

摘要

The applicant applied to the Upper Tribunal (Lands Chamber) ("the Tribunal") under the Law of Property Act 1925 ("LPA") s.84 for an order discharging or alternatively modifying, certain restrictions arising under a deed of 1956 as to the use of land known as the Huntsman, No. 106 Manor Way, Blackheath ("the Huntsman"). The applicant was the freehold owner of the Huntsman. The land lay at the south east corner of the Cator Estate, which was a private estate of some 282 acres, containing some 1,500 dwellings, located south of Blackheath village. The estate had remained in the ownership of the Cator family until October 1999 when John Cator died. The majority of the estate was laid out in the early 19th century, with dwellings ranging from large houses from that date, to "span" development in the 1950's.