LT Section 84(1) of the Law of Property Act 1925 – Jurisdiction – whether covenant negative or positive – Alterations covenant within Section Citations: [2004] EWLands LP – 34 – 2002 Links: Bailii Statutes: Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 21 August 2022; Ref: scu.225785
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The district auditor for Poplar Council had surcharged council members for making payments of a minimum wage of andpound;4 a week to their lowest grade of workers. This was notwithstanding that the cost of living had fallen during the year from 176% to 82% above its pre-First World War level. The council was motivated by … Continue reading Roberts v Hopwood: HL 1925
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
In a contract the Defendants promised certain properties to whoever first arrived with the requisite draft contract and bankers drafts. The Plaintiffs did. Held: They failed in their claim. It involved a unilateral contract and the Defendants’ oral promises was expressly made subject to contract, but the Court decided the dispute by reference to the … Continue reading Daulia Ltd v Four Millbank Nominees Ltd: 1978
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
ICO The complainant has made a number of requests to the London Borough of Southwark (the Council) for information broadly relating to the serving of section 146 notices in accordance with the Law of Property Act 1925. The present notice concerns six of the requests. With regard to five of the requests (requests 1, 5 … Continue reading Southwark Council (Local Government (District Council)) FS50604878: ICO 9 May 2016
Purchasers of a property intended to finance the purchase from monies deposited in a bank in Nigeria. Due to a change in exchange control regulations, the money was received some six weeks late, and after a notice to complete had expired and the . .
The purchaser had failed to complete, notwithstanding the service of a notice to complete. The purchaser a Nigerian company suffered a delay in obtaining funds due to a change in the exchange control regulations. There was no attempt to exclude . .
The claimant sought a declaration that restrictive covenants imposed in 1896 affecting its land were no longer effective. Held: The declaration was granted. Under the 1881 Act (as opposed to the 1925 Act) covenants were not automatically attached to the land. Here there was no implied or explicit annexation of the covenants. The covenants were … Continue reading Seymour Road (Southampton) Ltd v Williams and Others: ChD 29 Jan 2010
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
The home owners requested the setting aside of the sale of their house after a re-possession, alleging impropriety, and that it had been sold at an undervalue. The respondent society had a rule that properties taken into possession could not be purchased by its own employees. The property had been purchased in breach of that … Continue reading Deakin, JDeakin v Corbett, Corbett, Halifax Plc: CA 18 Dec 2002
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
The widow and personal representative of the chargor challenged the enforcement proceedings taken by the bank under a guarantee. The chargor had begun to suffer Alzheimers disease. She now sought leave toappeal saying that to enforce the guarantee, the bank should have applied to appointed receivers under the 1983 Act. Held: Leave to appeal was … Continue reading Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012
The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, but nevertheless of considerable value to mortgagors who are in default. Citations: Gazette 20-Nov-1996, Times … Continue reading Cheltenham and Gloucester Building Society v Krausz: CA 22 Oct 1996
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restrictions preventing erection of more than one dwellinghouse or bungalow – application to modify to permit two or three dwellinghouses – whether restrictions obsolete – whether proposed user reasonable – whether restrictions secured practical benefits of substantial value or advantage – whether discharge would cause injury – … Continue reading Fisher, Re Dayspring: LT 30 Jun 2008
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Mrs Moss inherited the former matrimonial home. Her daughter (L) suggested that she transfer it into their joint names to ease its transfer on her mother’s death. It was agreed the house would never be sold during Mrs Moss’s lifetime. L borrowed andpound;30,000 using the house as security and forged her mother’s signature on the … Continue reading Abbey National plc v Moss and Others: CA 1994
LT RESTRICTIVE COVENANTS – modification – dwelling houses – restrictions preventing erection of more than one dwelling house on each of two adjoining plots – application to modify to permit not more than two additional dwellings in existing rear gardens – whether restrictions secured practical benefits of substantial value or advantage – whether modification would … Continue reading Davies, Re an Application: LT 13 Aug 2008
RESTRICTIVE COVENANT – modification – open land – covenant prohibiting erection of any building – application to modify to permit construction of 17 dwellinghouses and seven garages – application refused – Law of Property Act 1925 s84(1) (aa). Citations: [2011] UKUT 91 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 13 September 2022; Ref: … Continue reading George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991
The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed. Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the … Continue reading Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005
Judges: Deputy Master Bowles Citations: [2022] EWHC 1694 (Ch) Links: Bailii Statutes: Law of Property Act 1925 78 Jurisdiction: England and Wales Land Updated: 06 August 2022; Ref: scu.679569
Was the vendor of shares in a company owning a single property, who had served notice to complete on the purchaser, itself ready, able and willing to complete? Judges: His Honour Judge Mackie QC Citations: [2008] EWHC 18 (Ch), [2008] 3 EG 178, [2008] 1 P and CR DG18 Links: Bailii Statutes: Law of Property … Continue reading Midill (97Pl) Ltd v Park Lane Estates Ltd and Another: ChD 16 Jan 2008
LT RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify to permit one additional dwelling -whether restriction obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether modification would cause injury – application … Continue reading Burt, Re the Ridings: LT 21 Nov 2008
The parties had agreed in a contract for the sale and purchase of land to exclude the application of section 49(2). The buyer had failed to comply with a notice to complete. Held: The parties cannot contract out of section 49(2). The particular issue has not previously been considered. The section had been enacted after … Continue reading Aribisala v St James Homes (Grosvenor Dock) Ltd: ChD 12 Jun 2007
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996
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
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
The tenant had served a notice to review the rent. The tenent delivered a counter notice personally be posting it through the letter box. The lease provided that the notice was to be served at the last known business address of the landlord. The landlord had informed the tenant’s solicitor, but not the tenant direct … Continue reading Arundel Corporation v Khokher: CA 9 Dec 2003
LT RESTRICTIVE COVENANTS – restrictions to single dwellinghouse and against developing part of site – application to discharge or modify the restrictions so as to permit development with additional house, part of which would encroach onto the prohibited area – whether practical benefits of substantial value or advantage secured by restrictions – whether any injury … Continue reading Joyce and Another, Re: LT 8 Dec 2003
LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004
LT Restrictive Covenants – Entitlement to benefit – Building Scheme – No evidence of notice of common understanding — Exclusion of benefit of covenant in later conveyances – Effect on subsequent purchasers – Law of Property Act 1925 S.78 – Costs on Preliminary issue. Citations: [2004] EWLands LP – 8 – 2003 Links: Bailii Jurisdiction: … Continue reading Wealden Land Ltd v Naylor-Perrott and others: LT 28 Jan 2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and created a further lease. Held: The judge was right to hold that, following the transfer, … Continue reading Scribes West Ltd v Relsa Anstalt and others: CA 20 Dec 2004
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money … Continue reading Smith v Muscat: CA 10 Jul 2003
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002
A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing further charges. Held: The fact of occupation did not add to the parents’ rights as equitable … Continue reading City of London Building Society v Flegg And Another: HL 14 May 1987
F granted T a lease reserving the right to deal with all rights in the property as F wanted. T used the back court and gate for business deliveries but then F granted the freehold to the plaintiff, who in turn denied all right to use the back court or gate as T had been … Continue reading Green v Ashco Horticulturist Ltd: 1966
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
A right to pasture animals on a common had been levant and couchant, and as such was inalienable as a separate asset from the land where the animals were kept. The right was registered under the Act, and was thereby transformed into a right to graze a certain number of animals on the common. That … Continue reading Bettison and others v Langton and others: HL 17 May 2001
A non-party to a deed cannot take the benefit of a covenant even though he had been named as such in the deed. Citations: Times 13-Nov-1996 Statutes: Law of Property Act 1925 56 Land Updated: 17 May 2022; Ref: scu.77781
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s interest in the matrimonial home and then sought an order under section … Continue reading Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995
The marriage between the defendants had broken down, but the wife still visited the house regularly, staying and caring for the children when the husband was away. The house was held in his sole name. He charged it to the plaintiffs, who now sought possession. The wife asserted an equitable interest, as a person in … Continue reading Kingsnorth Finance Co Ltd v Tizard: ChD 1986
The test under the section was whether it was inequitable to make the order for sale where one of the joint beneficiaries, who in that case were ex-husband and wife, wished to realise their investment in the property. Held: Referring to the statement of principle in in re Mayo, described as ‘a simple uncomplicated case … Continue reading Jones v Challenger: CA 1960
The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012
A landlord could recover under the service charge the full cost of works of repair to the outside of premises even though part of the works had been undertaken by the tenant, for which breach a waiver had been given, and even though other tenants having carried out similar works had had an allowance given … Continue reading Broomleigh Housing Association Ltd v Hughes: ChD 26 Nov 1999
Rights of a first lender to grant tenancies must be respected, and override the rights of a second mortgagee to possession. A mortgagee in possession has full power to grant a tenancy. A mortgagee is not limited by the section. Citations: Times 27-May-1999 Statutes: Law of Property Act 1925 99 Jurisdiction: England and Wales Land … Continue reading Berkshire Capital Funding Ltd v Street et Al: CA 27 May 1999
A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the plaintiff, who obtained a default judgment against the husband under the … Continue reading Lloyds Bank plc v Byrne and Byrne: 1993
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
The purchaser of land had not completed and sought return of the deposit paid claiming default by the vendor, or alternatively under section 49(2). Held: He was entitled to the repayment of the deposit on the first ground. The court went further to hold that, even if the purchaser had been at fault, section 49(2) … Continue reading Schindler v Pigault: 1975
The court considered an assertion that a right of necessity was implied into a deed. Held: ‘In the present case the land conveyed was plainly intended to be used for building purposes, and of course it plainly needed access for building materials and for the occupants of the houses when constructed: yet there was the … Continue reading Nickerson v Barraclough (1): ChD 1980
An equitable charge of a lease has standing to apply to court for relief from forfeiture for non-payment of rent, where the tenant did not himself seek relief, but only indirectly on the basis that the lessee and chargor has a duty to take reasonable steps to preserve the charge’s security. The tenant stands in … Continue reading Bland v Ingrams Estates Ltd and Others (1): CA 18 Jan 2001
The parties entered into three related contracts to grant long leases of three flats in the same block (Nos 37, 32 and 31), and deposits paid. The vendor served notices to complete and when the purchaser did not comply, he rescinded each agreement and forfeited the deposits. The purchaser sought repayment of the deposits under … Continue reading Tennaro Ltd v Majorarch: 2003
On an application to vary a restrictive covenant preventing further building, construction disturbance was treated as one of number of factors justifying refusal to modify. Judges: Mr Clarke Citations: [1995] 70 P and CR 569 Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Citing: Applied – Re Tarhale Limited LT 1990 Two … Continue reading Re Bromor Properties Limited: LT 1995
The court discussed the doctrine of privity of contract. Lord Denning MR said: ‘It is often said to be a fundamental principle of our law that only a person who is a party to a contract can sue on it. I wish to assert, as distinctly as I can, that the common law in its … Continue reading Drive Yourself Hire Co (London) Ltd v Strutt: CA 1954
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The customer had deposited title deeds with the bank as security for a loan, but no deed of charge had been executed. Held: The mere deposit of title deeds does not create an equitable charge without more. The 1989 Act operated as a statutory bar to such a claim. The rule that the deposit of … Continue reading United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994
RESTRICTIVE COVENANTS – modification – covenants restricting extensions or external alterations – planning permission for extension – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act 1925 – application dismissed Citations: [2022] UKUT 20 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 16 April 2022; … Continue reading Cross v Coach House Mews (Highbury) Ltd (Restrictive Covenants – Modification – Covenants Restricting Extensions or External Alterations): UTLC 27 Jan 2022
A land transfer had contained a clause requiring a restrictive covenant agreeing not to erect any building without the approval by the neighbours of plans. Held: The term ‘transferors’ was to be read to include the transferors’ successors in title. There was to be implied into the covenant a condition that approval was not to … Continue reading Mahon and Another v Sims: QBD 8 Jun 2005
The agency of a receiver for the mortgagor is one where the principal, the mortgagor, has no say in the appointment or identity of the receiver and is not entitled to give any instructions to the receiver or to dismiss the receiver. ‘For valuable consideration he has committed the management of his property to an … Continue reading Gaskell v Gosling: CA 28 Apr 1896
UTLC RESTRICTIVE COVENANTS – Law of Property Act 1925 Section 84 — application for discharge or modification of restrictive covenants — covenants imposed by a deed of 1910 which is no longer available — whether objectors entitled to the benefit of the covenants Citations: [2017] UKUT 248 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Sutton and East Surrey Water Plc v Kilby and Others, Re Woodcote Reservoir: UTLC 13 Jun 2017
LANDLORD AND TENANT – SERVICE CHARGES – s196 Law of Property Act 1925 – s 7 Interpretation Act 1978 – service of notices – waiver of invalidity of notices – s20B Landlord and Tenant Act 1985, contents of notices – appeal allowed. Citations: [2017] UKUT 150 (LC) Links: Bailii Statutes: Law of Property Act 1925 … Continue reading London Borough of Southwark v Akhtar Re: 11 and 54 John Kennedy House: UTLC 20 Apr 2017
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
UTLC RESTRICTIVE COVENANTS – Modification – land in green belt subject to restriction to be used only for parking vehicles – 13 affordable housing units built prior to application and in the face of objections – adjoining land with benefit of covenant being developed as children’s hospice – whether modification appropriate – practical benefits of … Continue reading Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016
A notice of severance of a joint tenancy applied to sever the tenancy even though it had not actually been received. It was sufficient that it had been posted and received at the house though intercepted. Times 16-Sep-1998, [1999] 1 WLR 423 Law of Property Act 1925 36(2) England and Wales Cited by: Cited – … Continue reading Kinch and Another v Bullard and Others: ChD 16 Sep 1998
UTLC RESTRICTIVE COVENANT – discharge – estate comprising 278 holiday bungalows – occupation restriction on 74 days of the year – applicant seeking discharge to allow all year round occupation and removal of holiday use restriction – obsolescence – practical benefits of substantial value or advantage – public interest – injury – application refused – … Continue reading Stafford-Flowers, Re: 182 Brambles Chine Estate: UTLC 3 Mar 2015
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021
A vendor/purchaser covenant was not to use the premises, ‘for any purpose other than those of or in connection with a private dwellinghouse.’ The parties requested the court to construe its meaning. The meaning had been considered before and settled although it was said that the words remained ambiguous. Held: There was a substantial advantage … Continue reading Crest Nicholson Residential (South) Ltd v McAllister: ChD 18 Nov 2002
Benefit of Covenant Ran with Land In 1938, landowners and the Catchment Board agreed that the Board would make good and maintain the banks of a stream, with the landowners contributing to the cost. The agreement was not said to be for the benefit of the landowner’s successors in title. In 1940, the first plaintiff … Continue reading Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board: CA 1949
Section 79 of the Law of Property Act (relating to the burden of covenants) achieved no more than the introduction of statutory shorthand into the drafting of covenants. It does does not have the effect of causing covenants to run with the land Lord Upjohn and Lord Wilberforce [1967] 1 AC 50 Law of Property … Continue reading Tophams Ltd v Earl of Sefton: HL 1967
The parties disputed whether the defendants owned the benefit of a restrictive covenant. Held: The covenant did touch and concern the land, and the land with the benefit of covenant. The conditions under Federated Homes were met. The covenants were enforceable: ‘in the case of a post 1925 conveyance, once it is established that a … Continue reading Mohammadzadeh v Joseph and others: ChD 15 Feb 2006
Land was laid out in individual lots and sold off in a standard form requiring that no building should be erected other than one private dwelling house and that plans should be submitted for approval. The defendants purchased one lot and wished to erect an additional house in contravention of the restriction. The plaintiffs owned … Continue reading Roake and others v Chadha and another: QBD 1984
Covenents Attach to entire land not just parts Conveyances contained restrictive covenants but they were not expressly attached to the land. The issue was whether they were merely personal. Held: Section 78 made the covenant by the purchaser binding on his successors also. The section provides for statutory annexation of any covenant which touches and … Continue reading Federated Homes Ltd v Mill Lodge Properties Ltd: CA 29 Nov 1979
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The claimants sought a declaration that they had two rights of way over a neighbour’s land. One was claimed by continuous use for twenty years, and the second was said to have been implied under the 1925 Act. No express grant was suggested. Silber J [2006] EWHC 3109 (Ch), [2007] 3 All ER 543, [2008] … Continue reading Odey and Others v Barber: ChD 29 Nov 2006
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway. Held: Pre-adoption trees vest in the highway authority for all purposes. Stuart-Smith, Morritt L, Sir John Balcombe Times 26-Jun-1997, [1997] EWCA Civ 1901, (1997) 96 LGR 27 Bailii Highways … Continue reading Hurst and Another v Hampshire County Council: CA 19 Jun 1997
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006
A bankrupt husband, a mortgage broker, had applied for mortgage for his wife, fraudulently claiming that she had income. She appealed against an order for possession on the basis that he was agent of the bank, and that therefore the bank was fixed with notice of the fraud. She claimed that she had operated under … Continue reading Abbey National Plc v Tufts: CA 16 Feb 1999
Where a conveyance did not expressly include an adjoining road, there was no statutory presumption which would lead to its inclusion. Held: The section referred to incorporeal rights, easements and similar, and not to land itself. The Act did not operate so as to include the roadway. The Berridge case referred to cases where the … Continue reading Commission for New Towns and Another v JJ Gallagher Ltd: ChD 16 Dec 2002
The appeal raised two points as to restrictive covenants: (a) Statutory annexation – whether the covenant was unenforceable, because the land intended to be benefited by the covenant could be easily or fully ascertained as to situation or extent for the purposes of s.78(1) of the Law of Property Act 1925; and (b) Breach – … Continue reading Trustees of The Coventry School Foundation v Whitehouse and Others: CA 18 Jul 2013
The parties disputed the effects of charges over a property. A charge had not been registered, but merely noted on the registers. The defendants had purchased it from another chargee acting under a power of sale. The defendants had applied to be registered, but the Land Registry had declined to register them. Held: The Land … Continue reading Swift 1st Ltd v Colin and Others: ChD 27 Jul 2011
A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage ‘unless such loss or damage shall be caused by his own actual fraud’. Held: The trustee was under no liability in absence of any dishonest intention. Millett LJ … Continue reading Armitage v Nurse; etc: CA 19 Mar 1997
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, saying that the authority was in practice trustee for the tenant, and … Continue reading Alexander-David v London Borough of Hammersmith and Fulham: CA 1 Apr 2009
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
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014
The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981
UTLC RESTRICTIVE COVENANT – discharge or modification – former hospital – covenant relating to small part of hospital building and other land prohibiting erection of any buildings within 20 feet of adjoining footpath – application to discharge or to modify to permit erection of two flats as part of proposed refurbishment of entire hospital to … Continue reading Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011
The parties disputed ownership of a strip of land between a garden and a farm. The land was registered. There was a hedge and a ditch along the disputed boundary, it had been conceded in the Court of Appeal that a conveyance of land on the hedge side of the ditch transferred land only up … Continue reading Alan Wibberley Building Ltd v Insley: HL 24 Mar 1999
The plaintiff sought specific performance of what he said was a contract for the sale of land. Held: The appeal succeeded. In a case where a contract is alleged to have been made by an exchange of correspondence between the parties, in which the successive communications other than the first are in reply to one … Continue reading Gibson v Manchester City Council: HL 8 Mar 1979
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
Only Limited Ownership of pond fish BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or animals domitae naturae. Held: The appeal was … Continue reading Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: CA 1 May 2020
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was not limited in the way suggested. Held: Though privately operated, … Continue reading Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority: CA 23 Oct 2009
