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Moskofian v Foster & Ors

Date of Judgment: 21.09.21 | Court: Other | Area of Law: Private Client Trusts and Probate

Andrew Francis acted for the Applicant in an application to modify a restrictive covenant in Ealing, West London, and succeeded on payment of compensation to the objectors.  The decision is significant in terms of:

(a) modification being granted
(b) assessment of compensation
(c) duties of expert witnesses
(d) imposition of conditions in respect of the execution of works. 

Andrew Francis authored a SerleShare titled 'What is it Worth?' in October 2021 which explores which law applies when the value of the rights under restrictive covenants affecting freehold land are being calculated either in negotiations.

Please click here to read the judgment of the Upper Tribunal, Lands Chamber.