Search Results for: Law of Property (Miscellaneous Provisions) Act 1989 2(1)

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Howe and Another v Gossop and Another: ChD 19 Mar 2021

Appeal concerning the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 Citations: [2021] EWHC 637 (Ch) Links: Bailii Statutes: Appeal concerning the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of … Continue reading Howe and Another v Gossop and Another: ChD 19 Mar 2021

North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

The parties agreed for the developer to build and the defendants to purchase several apartments. The properties were not completed after a notice to complete and the purchasers purported to rescind the contract. The claimant completed the flats and in turn served notice to complete. The defendant now said that since the agreement included a … Continue reading North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

Graham and others v Mayrick: ChD 23 Mar 2006

The claimants sought specific performance of a compromise agreement with the defendant after a dispute over a strip of land. The defendant appealed a finding that the claimants had shown satisfactory title. Held: ‘It has long been established that although the description of the property may be vague, if it contains sufficient internal information to … Continue reading Graham and others v Mayrick: ChD 23 Mar 2006

Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002

The claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited … Continue reading Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002

Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

The defendants orally agreed to sell the claimant a block of flats for andpound;12 million if he first obtained planning permission for it on terms as to a sharing of subsequent development profits. The claimant spent over andpound;100,000 and gained planning permission, whereupon the defendant resiled from the oral agreement and demanded andpound;20 million instead … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

Hardy and Another v Haselden and Others: CA 29 Nov 2011

The claimants had taken up occupation of a farm under an informal arrangement which they now said amounted to a tenancy for ther lives. The freeholder’s, personal representatives of the original grantors, appealed against a declaration accordingly. The respondents said that they had spent over andpound;30,000 in repairs because of the agreement. Held: The appeal … Continue reading Hardy and Another v Haselden and Others: CA 29 Nov 2011

Healey v Brown: ChD 25 Apr 2002

The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002

Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007

The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits. Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant. Judges: Tuckey … Continue reading Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007

Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel. Judges: Peter … Continue reading Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

Courtney v Corp Ltd: CA 1 Mar 2006

The claimants sought to enforce an offer of finance to support a land purchase. The defendants argued that the offer failed to meet the characteristics required under section 2 of the 1989 Act. Held: The judge had been correct to say that the appellant had not effectively incorporated the full agreement. Judges: Arden LJ Citations: … Continue reading Courtney v Corp Ltd: CA 1 Mar 2006

Jelson Ltd v Derby City Council: ChD 30 Jun 1999

Agreements under the planning acts remained subject to the general law requiring formalities for contracts for the sale of land. Where two landowners had an understanding as to the expectations for the division of responsibility for provision of affordable housing between their respective plots, one could not be obliged to continue where the contract was … Continue reading Jelson Ltd v Derby City Council: ChD 30 Jun 1999

Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

Nweze and Another v Nwoko: CA 29 Mar 2004

The parties had settled their dispute in an oral compromise agreement under which it was agreed that land would be sold at the best price reasonably obtainable. One now argued this was unenforceable as an agreement for the disposal of land requiring writing. Held: The agreement could be enforced. Section 2 concerns a contract between … Continue reading Nweze and Another v Nwoko: CA 29 Mar 2004

Joyce v Rigolli: CA 2 Feb 2004

An agreement to resolve a boundary dispute does not need to comply with formalities of the Act. Sir Martin Nourse said: ‘The agreement between the parties served merely to demarcate the boundary between their respective properties. It had not purported to be a contract to convey any land from the claimant to the defendant. Accordingly, … Continue reading Joyce v Rigolli: CA 2 Feb 2004

Rollerteam Ltd and Another v Riley and Another: CA 16 Dec 2016

The parties had been involved in a bitter family and commercial dispute. It had been settled, but it was now disputed whether that settlement was effective or was void for a failure to comply with section 2(1) of the 1969 Act. The judge below had held that though the requirements of section 2 had not … Continue reading Rollerteam Ltd and Another v Riley and Another: CA 16 Dec 2016

Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act. Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are enforceable at the instance of the Authority only and not by third … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

The appellants challenged specific performance orders obliging them to complete the purchase of apartments, saying that the contracts had not complied with the 1989 Act, and that their repudiation of the contracts had been accepted. The contracts had omitted an agreement for the payment of a 2% finders fee on exchange. The appellants intended to … Continue reading North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

Oun v Ahmad: ChD 19 Mar 2008

The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused to proceed, the claimant registered a unilateral notice which the defendant challenged. The parties … Continue reading Oun v Ahmad: ChD 19 Mar 2008

McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. Time was not initially of the essence of the … Continue reading McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999