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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Restrictive Covenant in the Control of Land Use

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Donald L. Sabeyformer County Officer, Leicestershire, Ann R. EvertonUniversity of Central Leicester

ISBN13: 9781840144826
ISBN: 1840144823
Published: June 2000
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

This text is concerned with the privat and public control of land use; the former through the restrictive covenant, the latter by planning (development) control. With its emphasis on the former, and the manifesttion of the restrictive covenant both severally and in teh building scheme, it explores the contrasting objectives and possible futures of private and public control. The main theme of the work is preceded by a succinct exposition of the evolution of the restrictive covenant and its adaptation to changing social and economic need, and followed by a critical assessment of the future direction of the restrictive covenant in a system dominated by public planning (development) control and environmental regulation. Drawing on experience outside the UK (particularly the USA), it considers how private property interests increasingly protect matters not only outwith planning control, but also by way of extending and supplementing that particular form of regulation.

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Property Law
Part 1 The evolution of the law of restrictive covenants:
the restrictive covenant before 1926
the restrictive covenant after 1925.

Part 2 The discharge or modification of restrictive covenants:
discharge or modification and the official arbitrator
discharge or modification and the lands tribunal before 1970
discharge or modification and the lands tribunal after 1969.

Part 3 The future for restrictive covenants:
the restrictive covenant and law reform
the restrictive covenant and planning control.