Which body is typically used to discharge a restrictive covenant?

• A. Upper Tribunal (Lands Chamber)
• B. The local council
• C. The High Court
• D. The Land Registry

Answer: (A)

To remove or alter a restrictive covenant on land, the usual route is via the Upper Tribunal, Lands Chamber, under section 84 of the Law of Property Act 1925. This tribunal has the power to discharge or modify the covenant if it’s obsolete, would impede reasonable use of the land, or it would be inequitable to continue enforcing it, weighing the interests of the benefited and burdened landowners. If all parties agree, a deed of release can also extinguish the covenant without going to the tribunal, but when a formal discharge is needed, the decision maker is the Lands Chamber, not the High Court, the local council, or the Land Registry. After the order, the Land Registry updates the title to reflect the discharge.