Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive covenants. In today’s judgment, the Court has sent a warning message to developers who knowingly breach restrictive covenants where other viable options are available. The Court has refused the developer’s application to modify the covenants.

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