The court considered a proviso for re-entry that: ‘forfeiture on the bankruptcy of the lessee is considered as a case of breach of condition.’ Held: It was clearly a condition rather than a mere covenant of the original protected tenancy that the tenant should not become a bankrupt and this condition had been broken by … Continue reading Halliard Property Co Ltd v Jack Segal Ltd: 1978
UTTC Rentcharges – leases created pursuant to section 121(4) of the Law of Property Act 1925 – registration – mortgage by demise [2016] UKUT 395 (TCC) Bailii Law of Property Act 1925 121(4) England and Wales Registered Land Updated: 24 January 2022; Ref: scu.570424
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession . .
References: [2016] UKUT 395 (TCC) Links: Bailii Ratio: UTTC Rentcharges – leases created pursuant to section 121(4) of the Law of Property Act 1925 – registration – mortgage by demise Statutes: Law of Property Act 1925 121(4) Jurisdiction: England and Wales Last Update: 27-Oct-16 Ref: 570424
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roberts_keeganLRA201410 LRA Rentcharges : Nature and Extent : Rectification or Setting Aside of Documents : Scope of Jurisdiction – A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can … Continue reading Roberts and Others v Keegan: LRA 1 Oct 2014
Appeal, by way of case stated, from a decision of the Lands Tribunal refusing to order the discharge of certain restrictions affecting land of which the appellant, the University of Westminster, is the freehold owner. Judges: Swinton Thomas, Waller, Chadwick LJJ Citations: [1998] 3 All ER 1014, [1998] EWCA Civ 1215 Links: Bailii Statutes: Law … Continue reading In the Matter of University of Westminster: CA 15 Jul 1998
LANDLORD AND TENANT – ADMINISTRATION CHARGES – address for service of notice requiring payment of ground rent – tenant’s address known to landlord but not to its successor – whether knowledge of address to be imputed to successor – notice served by post – whether required to be addressed to tenant at subject property – … Continue reading Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
The respondent was tenant of premises with exclusive access to an area of the roof which had been used by her for leisure purposes. The freeholder objected, and she claimed that the use was in the nature of an easement which had passed to her under the section when she took a transfer of the … Continue reading Hanina v Morland: CA 7 Dec 2000
The vendor had purported to rescind the contract and retain the deposit, while selling to another purchaser at a higher price. Held: The purchaser was entitled to return of the deposit, because the notice to complete had been ineffective. After referring to Schindler, Mervin Davies J said: ‘With those observations in mind, it seems that … Continue reading Cole v Rose: 1978
Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties acknowledged that section 11 of the 1985 Act could not be set aside by the contract. Held: The … Continue reading Edwards v Kumarasamy: SC 13 Jul 2016
LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014
LRA Rentcharges : Nature and Extent : Rectification or Setting Aside of Documents : Scope of Jurisdiction – Rentcharges – grant of lease over rentcharge to trustees to enforce payments due under a rentcharge – equitable status of lease pending registration – proof of title to rentcharge – proof of sums due and owing – … Continue reading Roberts and Others v Keegan: LRA 3 Mar 2014
Rectification or Setting Aside of Documents – Rentcharges – grant of lease over rentcharge to trustees to enforce payments due under a rentcharge – equitable status of lease pending registration – proof of title to rentcharge – proof of sums due and . .
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
A mere payment of a sum of money might amount to an act of part performance, as might the act of a purchaser instructing solicitors to prepare and submit a draft conveyance or transfer, so as to leave asituation capable of enforcement in equity. . .
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
