Search Results for: Law of Property Act 1925 114

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Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them. Held: The sub-charge did not operate to transfer to BOS … Continue reading Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003

Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer ‘unless a contrary intention is expressed’ in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power … Continue reading Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003

Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

Fogg, Re The Cobbles: UTLC 17 Apr 2018

RESTRICTIVE COVENANTS – modification – additional house – whether covenants secure practical benefits of substantial value or advantage – loss of open aspect – loss of light – overbearing development – diminished outlook – disturbance – reduction in open market value of objectors’ houses – s84(1)(aa) Law of property Act 1925 – application refused Citations: … Continue reading Fogg, Re The Cobbles: UTLC 17 Apr 2018

Hutchinson, Re 1 Captains Gorse: UTLC 21 Sep 2009

UTLC RESTRICTIVE COVENANT – entitlement to benefit – whether covenant annexed to land – whether land capable of being benefited – whether original covenantee entitled to be heard by virtue of contractual benefit only – admission as objectors refused Citations: [2009] UKUT 182 (LC), [2010] 4 EG 114 Links: Bailii Statutes: Law of Property Act … Continue reading Hutchinson, Re 1 Captains Gorse: UTLC 21 Sep 2009

Abertawe Bro Morgannwg NHS University Trust v Coedffranc Community Council: UTLC 23 Jun 2009

UTLC RESTRICTIVE COVENANTS – discharge or modification – building not to be used for any purpose other than maternal clinic – whether obsolete – whether injury caused to objector – application granted – Law of Property Act 1925 s84(1)(a) and (c). Citations: [2009] UKUT 114 (LC) Links: Bailii Statutes: Law of Property Act 1925 84 … Continue reading Abertawe Bro Morgannwg NHS University Trust v Coedffranc Community Council: UTLC 23 Jun 2009

MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another: CA 11 Nov 2008

Refusal to return Land Contract Deposit The court was asked as to whether a seller could retain a deposit paid by the claimant on a sale where contracts had been exchanged but the buyer had proved unable to go ahead. Held: The appeal against refusal of return of the deposit failed. The court looked at … Continue reading MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another: CA 11 Nov 2008