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
RESTRICTIVE COVENANT – restriction to two detached bungalows not exceeding one storey in height – application to modify the restriction so as to permit the retention and completion of a partly constructed first floor extension on the sole property occupying the site – whether practical benefits of substantial value or advantage secured by the restriction … Continue reading Coles and Another, Re Law of Property Act 1925: LT 4 Oct 2004
LT RESTRICTIVE COVENANT – restriction requiring construction to conform to building line – application to amend this limitation to permit erection of one house in garden at rear of existing house – whether erection of garages and sheds breaches covenant requiring dwellinghouse use only – whether any such breach amounts to acquiescence in further breaches … Continue reading Camstead Ltd, Re Law of Property Act 1925: LT 18 Oct 2004
RESTRICTIVE COVENANTS – discharge – house – restriction on use to private dwellinghouse or learned or artistic profession – whether restriction obsolete – Law of Property Act 1925, s84(1)(a). Citations: [2004] EWLands LP – 51 – 2003 Links: Bailii Jurisdiction: England and Wales Land Updated: 13 August 2022; Ref: scu.225826
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed … Continue reading Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004
LT RESTRICTIVE COVENANT – modification – discharge – restriction limiting development on plot to one dwellinghouse – application to amend to permit dormer bungalow in rear garden – no interference with objectors’ amenities – change in character of estate as some areas developed to greater density – many covenants on estate no longer enforceable – … Continue reading Felton Homes Ltd, Re Law of Property Act 1925: LT 2 Dec 2004
LT RESTRICTIVE COVENANT – restriction to single dwellinghouse and against use causing nuisance, etc to owner of adjoining properties – extent of neighbourhood – whether covenant obsolete – application refused – Law of Property Act 1925, s84(1)(a) Judges: N J Rose FRICS Citations: [2003] EWLands LP – 45 – 2002 Links: Bailii Statutes: Law of … Continue reading Harrold and Another, Re Law of Property Act 1925: LT 27 Oct 2003
LT RESTRICTIVE COVENANT – restriction requiring paddock to remain undeveloped – application to discharge or modify this restriction so as to permit development with five houses – whether use of restriction as a bargaining tool relevant to para (a) – whether practical benefits of substantial value or advantage secured by restriction – application for modification … Continue reading Broomhead and Others, Re Law of Property Act 1925: LT 13 Mar 2003
application by Pt 8 claim seeking a vesting order under section 181 of the Law of Property Act 1925. Citations: [2021] EWHC 941 (Ch) Links: Bailii Statutes: Law of Property Act 1925 181 Jurisdiction: England and Wales Land Updated: 20 December 2022; Ref: scu.662210
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.Morritt LJ discussed section 199: ‘Counsel for the wife … Continue reading Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995
Vendor and purchaser summons under section 49 of the Law of Property Act 1925 Judges: Morgan J Citations: [2020] EWHC 1711 (Ch) Links: Bailii Statutes: Law of Property Act 1925 49 Jurisdiction: England and Wales Land, Contract Updated: 09 December 2022; Ref: scu.652232
The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003
The court discussed the duty of trustees to sell in the absence of unanimity: ‘The trust for sale will prevail, unless all three trustees agree in exercising the power to postpone.’ Judges: Simonds, J Citations: [1943] Ch 302 Statutes: Law of Property Act 1925 30 Jurisdiction: England and Wales Cited by: Cited – Jones v … Continue reading In re Mayo: ChD 1943
Restrictive Covenants : Modification – house on 1980’s estate – planning permission to demolish garage and build second house on plot – parties agreeing no injury under ground (c) – assessment of sum to reflect diminution in price originally paid because of inclusion of restrictions – sub-para (ii) of Section 84(1) of Law of Property … Continue reading Sheppard v Grant and Others: UTLC 12 Jun 2020
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970
A tenant may apply to the court for relief immediately he receives the landlord’s section 146 notice. Citations: (1977) 3 P and CR 112 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Landlord and Tenant Updated: 05 December 2022; Ref: scu.245837
Property was offered for sale by tender. The tender documents contained all the detailed terms upon which the contract was to be based. The successful tender was accepted by letter, but by mistake the secretary who typed it typed in the words ‘subject to contract’ at the bottom. The purchaser had refused to complete after … Continue reading Michael Richards Properties Ltd v Corporation of Wardens of St Saviour’s Parish Southwark: 1975
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
In about 1930 a house, no 16, one of two adjacent houses in common ownership was rebuilt. One wall was built close against the adjacent no. 14. Thirty years later no. 14 was demolished by its later owner, the Defendant, leaving the adjoining wall of no.16, which was rough and unpointed, exposed to the weather. … Continue reading Phipps v Pears and others: CA 10 Mar 1964
The parties, a married couple disputed the shares in which the matrimonial home, formerly held by them as joint tenants would be held after severance o that joint tenancy. Held: The wife was entitled to a half share in the property.Russell LJ considered that the court had no jurisdiction under section 17 of the 1882 … Continue reading Bedson v Bedson: CA 1965
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The consideration for the grant of a lease was not a capital sum, but substantial building works. Application was made for its forfeiture. Held: Dillon LJ assumed that the words ‘if the tenant shall enter into liquidation whether compulsorily or voluntarily’ in a re-entry clause in a lease refer to the making of the winding … Continue reading Official Custodian for Charities v Parway Estates Developments (In Liquidation): CA 1985
‘A deed, whether executed by a corporation or by an individual, does not necessarily bind the grantor as soon as it is sealed. It only becomes binding when it has been ‘delivered’ by the grantor as his deed, i.e., when the grantor has indicated by words or conduct that he intends the deed which he … Continue reading Windsor Refrigerator Co Ltd v Branch Nominees: 1961
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
The court considered the significance of a reservation that a letter was sent ‘subject to licence’. After considering case law: ‘All three go to show that there is a distinction recognised by the law between the relationships, such as those between landlord and tenant, where there is an existing set of legal obligations between the … Continue reading Venetian Glass Gallery Ltd v Next Properties Ltd.: 1989
A notice of an assignment of a debt need not state the date of the assignment. Citations: [1969] 1 QB 607 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Citing: Cited – W F Harrison and Co v Burke 1956 If a notice of assignment of a debt describes the assignment by … Continue reading Van Lynn Developments Ltd v Pelvis Construction Co Ltd: 1969
A was by will given a right to reside rent-free in a house. She left due to ill health, and the trustees for sale sold. The question was whether A was entitled to the income of the proceeds of sale on the ground that the house was settled land and A the tenant for life. … Continue reading Ayer v Benton: 1967
The applicants had agreed with the planning authority under section 37 of the 1962 Act that part of their land would be used only as a private open space. They later sought planning consent to build a house. The consent was granted on appeal to the Secretary of State. When the authority still refused to … Continue reading Re Martin and Another’s Application: CA 10 May 1988
The landlord served a section 146 notice for breach of a repairing covenant. The lease had been assigned. Held: The notice should be served on the assignee. Citations: [1958] 1 QB 332 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Old Grovebury Manor Farm Ltd v W Seymour … Continue reading Kanda v Church Commisioners for England: 1958
Landlord and Tenant – Service Charges – Landlord and Tenant Act 1985, s. 27A – Landlord’s legal costs of proceedings before Upper Tribunal under Law of Property Act 1925, s. 84 – Whether landlord’s contractual entitlement to recover such costs under service charge provisions of chalet leases on holiday park precluded by consent order agreed … Continue reading Shearbarn Holiday Park Ltd v Wornell and Others: UTLC 27 Apr 2021
The tenant appealed an order for possession. He had been convicted of making indecent images of children. The defendant had moved his tenancy from the property in which the offences had been convicted to a neighbouring property. The landlord said that offence had still been committed in the locality of the house. Held: The tenant’s … Continue reading Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007
The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the nil compensation awarded. Held: ‘it is perhaps difficult, as a … Continue reading Winter and Another v Traditional and Contemporary Contracts Ltd: CA 7 Nov 2007
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
The tenant served by recorded delivery a counter-notice. On the day it was first delivered, nobody was available to sign for it. The landlord claimed it was out of date. Held: The statutory fiction was just that. A letter was deemed to be served on the it would have been served in the normal course … Continue reading WX Investments Ltd v Begg: ChD 13 May 2002
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
Restrictive Covenants – Modification – Leasehold Office Premises – planning permission for change of use to hotel – hotel use prohibited by lease – whether covenants secure to freeholder practical benefits of substantial value or advantage – application refused – s.84(1), Law of Property Act 1925 Citations: [2020] UKUT 104 (LC) Links: Bailii Statutes: Law … Continue reading Edgware Road (2015) Ltd v The Church Commissioners for England: UTLC 3 Apr 2020
A notice was served under section 146, and specified breaches of the covenant to repair and breach of a covenant against sub-letting. In fact there was no covenant against sub-letting in the lease. Held: Having regard to earlier cases, the notice was held to be sufficient for the purposes of Section 146. The breach relied … Continue reading Silvester v Ostrowska: 1959
Citations: [2004] EWCA Civ 1764 Links: Bailii Statutes: Law of Property Act 1925 50 Jurisdiction: England and Wales Land Updated: 19 November 2022; Ref: scu.220661
The claimant sought an order to prevent the respondent erecting a building on Greenham Common. The respondent had argued that the rights of common had been removed by conveyance and the land was not registered as a common. Held: ‘under no conceivable circumstances could Miss Howse establish that the building of the enterprise centre on … Continue reading Howse v Newbury District Council: CA 7 Apr 1998
UTLC RESTRICTIVE COVENANT – modification – building scheme – proposed development of dormer bungalow – whether a precedent for similar development elsewhere on estate – density and layout – whether practical benefits of substantial value or advantage to objectors – application refused – Law of Property Act 1925 s84(1)(aa) Citations: [2013] UKUT 34 (LC) Links: … Continue reading Walsh and Another, Re Bowen Road: UTLC 13 Feb 2013
RESTRICTIVE COVENANT – preliminary issue – whether restriction imposed under a disposition made gratuitously – Law of Property Act 1925 s 84(7) – applicant held not entitled to apply under s 84(1) Citations: [2005] EWLands LP – 17 – 2004 Links: Bailii Statutes: Law of Property Act 1925 84(7) Jurisdiction: England and Wales Land Updated: … Continue reading In re Robins: LT 16 Feb 2005
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
The applicant had sought removal of a fence erected near Greenham Common airbase. She sought leave to appeal an order refusing its removal. The land was a common. Held: The fence served a proper purpose, and there were insufficient grounds to expect any success on an appeal. Leave refused. Citations: [1998] EWCA Civ 393 Statutes: … Continue reading Howse and others v Secretary Of State for Defence: CA 4 Mar 1998
A common right of grazing which was quantified but not related to the ability of the land to sustain it was capable of existing in gross, and was therefore severable entirely from the land to which it related. The severance was no necessary prejudice to the land. Robert Walker LJ doubted ‘whether it is correct … Continue reading Bettison and Another v Penton and Another: CA 22 Jan 1998
RESTRICTIVE COVENANTS – MODIFICATION – covenant against alterations to new dwelling without consent of developer – covenantee refusing consent to enlargement of garage and creation of additional accommodation – application by original covenantor to modify or discharge covenant to permit enlargement – covenant imposed only three years before application – risk of breaches of other … Continue reading O’Callaghan and Another v Middleton and Others (Restrictive Covenants – Modification): UTLC 19 Mar 2020
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
UTLC RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to alter property without covenantee’s written consent – application to modify so as to permit significant extension and remodelling of existing bungalow – effect upon visual amenity – practical benefits of substantial value or advantage – injury – Law of Property Act 1925 section 84, … Continue reading Wild and Another, Re Golf Links Road: UTLC 5 Nov 2012
The plaintiffs granted a business lease to the defendants for three years. The tenant covenanted not to assign the lease without the written consent of the landlord, such consent not to be unreasonably withheld in the case of a respectable tenant. The tenant assigned the lease without the landlord’s consent. That assignment was effective. The … Continue reading Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another: CA 21 Jun 1979
Citations: [2012] EWCA Civ 1626, [2013] PNLR 188 Links: Bailii Statutes: Trustee Act 1925 61 Jurisdiction: England and Wales Cited by: Cited – Schubert Murphy (A Firm) v The Law Society QBD 17-Dec-2014 The claimant solicitors’ firm had acted in a purchase, but the vendors were represented by fraudsters presenting themselves as solicitors, registering with … Continue reading Davisons Solicitors (A Firm) v Nationwide Building Society: CA 12 Dec 2012
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
UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – … Continue reading Perkins and Another, Re 87 Peplins Way: UTLC 25 Oct 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
A property had been bought in the husband’s name. The wife made financial contributions to repayment of the charge, and thereby acquired an interest in it. The property was later charged by the paper owner to the claimant, who sought possession under that charge. The wife resisted. Held: The discretion of court to order the … Continue reading Bank of Baroda v Dhillon and Dhillon: CA 17 Oct 1997
Citations: [2012] EWHC 2351 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.464602
Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited. Judges: Morritt LJ Citations: Gazette 26-Mar-1997, Times 21-Mar-1997, [1997] EWCA Civ 1062, [1997] 1 WLR 1016 Links: Bailii Statutes: Land Registration Act 1925 110 Jurisdiction: England and Wales Citing: Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA … Continue reading Urban Manor Limited v Sadiq: CA 20 Feb 1997
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
Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge. Citations: Gazette 13-Nov-1996, Times 07-Nov-1996, [1996] EWCA Civ 835 Statutes: Law of Property Act 1925 2(1)(ii) Jurisdiction: England and Wales Citing: Cited – Williams and Glyn’s Bank Ltd v Boland CA 1979 … Continue reading State of India v Sood and Others: CA 30 Oct 1996
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
The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease. Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was … Continue reading Savva and Another v Houssein: CA 24 Apr 1996
A parole agreement by all the shareholders in a company, to liquidate it, created a constructive trust. That a specifically enforceable agreement to assign an interest in property, created an equitable interest in the assignee, was unquestionably correct. A trust deed governed by s53(2) is not subject to the requirement to be in writing. Judges: … Continue reading Neville and Another v Wilson and Others: CA 4 Apr 1996
The assignment of a debt by a company in liquidation to a significant shareholder, in order to allow him to make an application for legal aid, and to avoid having to give security for costs and to allow the action to proceed was not unlawful, but the Legal Aid Board should be careful in supporting … Continue reading Circuit Systems Ltd (In Liquidation) and Another v Zuken Redac (Uk) Ltd: CA 5 Apr 1996
A claim for an easement based upon section 62 of the 1925 Act failed. There had not been regular use of the path in question with the putative dominant tenement to gain access to it. Roch LJ said: ‘Section 62 of the 1925 Act cannot create new rights where there has been no actual enjoyment … Continue reading Payne v Inwood: CA 1996
A notice to quit given by one of two joint tenants was binding on the other tenant despite there having been no consultation between them. Citations: Times 23-Feb-1995, [1996] 1 QB 13 Statutes: Law of Property Act 1925 26-3 Jurisdiction: England and Wales Cited by: Cited – Sims v Dacorum Borough Council CA 24-Jan-2013 Husband … Continue reading Crawley Borough Council v Ure: CA 23 Feb 1995
A break clause was contained in an agreement not in the lease but in a side letter which made the benefit of the break clause personal to the original lessee but said nothing express as to whether the burden of the break clause passed to an assignee of the reversion. Held: The burden of a … Continue reading System Floors Ltd v Ruralpride Ltd and Another: CA 31 Oct 1994
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993
Citations: [2007] EWHC 387 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 24 October 2022; Ref: scu.526404
RESTRICTIVE COVENANTS – MODIFICATION – restriction to one dwellinghouse per plot on small estate – modification sought to permit one additional house on largest plot – whether restriction secured practical benefit of substantial value or advantage – whether modification would set a damaging precedent – whether compensation payable for short term disruption caused by building … Continue reading Martin v Lipton and Others (Restrictive Covenants – Modification): UTLC 14 Jan 2020
Leeds County Court – Claim that a proposed bulding of additional premises within a property boundary would amount to an infringement of a restrictive covenant against causing a nuisance or annoyance to a neighbour. Held: The building would be in breach of the covenant against causing annoyance. Judges: Behrens HHJ Citations: [2015] EW Misc B28 … Continue reading Tupholme and Others v Firth: Misc 17 Sep 2015
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
Restrictive Covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925 Citations: [2019] UKUT 335 … Continue reading Payne v Maldon District Council: UTLC 5 Nov 2019
Restrictive Covenants – Modification – Leasehold Grade I Listed building in Berkeley Square – user clause restricted to offices – application to modify to allow use as a private members’ club – whether restriction obsolete – whether practical benefit of substantial value or advantage secured – whether injury would be caused by modification – section … Continue reading Berkeley Square Investments Ltd v Berkeley Square Holdings Ltd: UTLC 9 Dec 2019
The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004
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
The claimant sought a declaration that a contract for the sale of property in London to the First Defendant has terminated, leaving the Claimant free to deal with the property as he chose. Teseo counterclaimed for specific performance of the Contract and the sale of the property to itself. If it failed in its claim … Continue reading Cohen v Teseo Properties Ltd and Another: ChD 18 Jul 2014
UTLC RESTRICTIVE COVENANT – modification – covenant in 1870 Deed Poll restricting estate development to two dwellings per plot – proposal to erect additional house on part of two of the original plots – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – whether … Continue reading Hoyle and Another, Re Land At Woodlands: UTLC 21 Nov 2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
RESTRICTIVE COVENANT – preliminary issues – 2 previous unsuccessful applications – National Trust objecting – whether application should be struck out – held it should not be – compensation – whether ground (aa) should be struck out on basis that money would not be adequate compensation – held it should not be – Law of … Continue reading Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 2011
UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – … Continue reading Perkins, Re Peplins Way, Brookmans Park: UTLC 16 Jun 2011
Easement – section 62 of the Law of Property Act 1925 – farm and cottage in common ownership – farm sold off first – issue as to whether on sale the farm acquired the benefit of a right of way over land belonging to the cottage. Citations: [2019] UKFTT 589 (PC) Links: Bailii Jurisdiction: England … Continue reading Brassington v Orton: FTTPC 12 Aug 2019
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
UTLC RESTRICTIVE COVENANT – application to modify a restriction so as to reduce the size of a shared vehicle turning area – whether practical benefits of substantial value or advantage secured by the restriction – whether money will be adequate compensation for loss or disadvantage -whether express or implied consent – whether modification will cause … Continue reading Re Thistledew, 6A Nottingham Road: UTLC 18 Feb 2011
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
G executed a deed surrendering his life interest in a trust fund in order to vest the property in his two children: the deed did not have that effect because of two errors (one of which was ignoring the fact that his life interest was subject to protective trusts), with the result that the fund … Continue reading Gibbon v Mitchell: ChD 1990
The parties contracted for the sale and purchase of land. A mortgage receipt was executed by a different company (Barclays Bank Trust Co ltd, not Barclays Bank Ltd) and therefore did not operate as a statutory receipt to discharge it. The plaintiff purchaser requisitioned a discharge. The defendant replied with a confirmation of release from … Continue reading Edwards v Marshall Lee: ChD 1975
It was argued that in order for the court fully to flex its powers at final hearing under section 23 and section 24 MCA 1973, it was necessary to issue a separate application under the MWPA 1882 (or the Law of Property Act 1925). Citations: [1980] 1 WLR 4 Statutes: Matrimonial Causes Act 1973 23 … Continue reading Ward v Ward and Greene: 1980
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial transactions for a contract of guarantee to be contained in a single document, and … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012
UTLC RESTRICTIVE COVENANT – discharge or modification – restriction preventing redecoration or alteration of building exterior – requirement to replace patio doors/windows – whether covenant obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether discharge or modification would cause injury – application refused – … Continue reading Roberts, Re 7 Storm, 85 Banks Road: UTLC 8 Sep 2010
UTLC RESTRICTIVE COVENANT – modification – obsoleteness – practical benefits of substantial value or advantage – implicit agreement – injury – application to permit erection of property in accordance with planning consent granted on 28 February 2007 – breaches – status of application – planning issues – modification allowed – Law of Property Act 1925 … Continue reading Hayden, Re The Waves, 2 Hengist Road: UTLC 15 Sep 2010
UTLC RESTRICTIVE COVENANT – modification – addition of first floor above garage in Hampstead Garden Suburb – effect on character of area – policy guidance – precedent – weight to be given to local planning authority approval – whether power to prevent development a practical benefit of substantial advantage to trust – held that it … Continue reading Zenios and Another, Re Ingram Avenue: UTLC 26 Jul 2010
UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached house adjoining boundary of objector’s property – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;6,875 – Law of Property Act 1925 s84(1)(aa) and (c) Judges: Trott FRICS Citations: [2010] UKUT 206 (LC) Links: … Continue reading High Street Winterbourne, Re: UTLC 24 Jun 2010
LT RESTRICTIVE COVENANT – modification – practical benefits of substantial value or advantage – proposal for single storey extension – effects of development on outlook from objectors’ properties and upon surroundings – planning permission granted – application refused – Law of Property Act 1925, s84(1), ground (aa). Citations: [2007] EWLands LP – 86 – 2006 … Continue reading Mutman-Kearey, Re Application By: LT 17 Sep 2007
The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010
Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed. Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if … Continue reading Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006