# RESTRICTIVE COVENANT RELEASE REQUEST
Date: 18 May 2034
Parties: Priya Nair, Oakfield Residents Association and 16 Brookside Avenue
## 1. Purpose and parties
Priya Nair, registered proprietor of 16 Brookside Avenue, Oxford OX3 7JP (title ON123456), asks Oakfield Residents Association, successor to the original covenantee, to release or modify the covenant dated 12 June 1988. The benefited land is 14 Brookside Avenue (title ON123455). The covenant says the land must not be used for trade and no building may be erected within 4 metres of the rear boundary.
## 2. Facts, scope and terms
Priya seeks a limited modification, not a release of the whole covenant, to permit one insulated garden studio of 18 square metres, 2.5 metres from the rear boundary, for quiet home office use by one adult. It will have no customer visits, signage, sleeping accommodation or commercial nuisance. The proposed roof is 2.4 metres high, faces Priya's garden, and leaves the neighbouring access and drainage clear.
## 3. Process and responsibilities
Planning permission for the studio was granted by Oxford City Council on 2 May 2034 under application 24/01182/FUL, subject to a condition limiting use to ancillary domestic use. A measured survey dated 30 April confirms the distances. Priya encloses the transfer, title register, covenant plan, permission, drawings and photographs showing that later rear extensions already screen the benefited land from the proposed studio.
## 4. Evidence, records and safeguards
Priya relies on section 84(1)(aa) of the Law of Property Act 1925: the covenant impedes a reasonable use of the burdened land and gives Oakfield no practical benefit that would be secured by refusing this modest modification. She also says the building restriction's original open-aspect purpose is substantially obsolete under section 84(1)(a), given the surrounding extensions. She does not ask Oakfield to concede the legal analysis.
## 5. Review, escalation and outcome
To resolve the matter consensually, Priya offers £1,500 compensation, payable on completion of a deed of modification, and will pay Oakfield's reasonable legal costs up to £750 on receipt of an itemised invoice. Oakfield should identify its authority, any affected owners and its preferred solicitor by 31 May 2034. No work will start until a signed deed or an Upper Tribunal order permits it.
## 6. Reservations and practical protections
Priya requests a substantive response by 14 June 2034. The parties may use mediation or a jointly instructed surveyor, and Priya will provide reasonable access for inspection on 24 May between 10:00 and 12:00. If agreement is refused or no response arrives, she may apply to the Upper Tribunal (Lands Chamber) under section 84, serving the required parties and allowing the Tribunal to determine compensation and costs; this letter is not an application or waiver.
## 7. England and Wales law and completion
This completed fictional request is dated 18 May 2034 and governed by England and Wales law. Priya preserves all title, planning and equitable rights, makes no admission that the covenant is enforceable against every proposed use, and will not self-help by building first. Oakfield should keep the enclosed material confidential and return or securely delete personal data when the request ends; any deed must identify the land, covenant, permitted studio and continuing terms precisely.