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Search Results for: Law of Property Act 1925 101
in Re White Rose Cottage: ChD 1964
The court held that under a mortgage by deposit under seal, a true equitable mortgage – that the expression ‘the mortgaged property’ in section 101 meant the property over which the mortgage deed purported to extend and was not limited to an equitable interest in that property. Judges: Wilberforce J Citations: [1964] Ch 483 Statutes: … Continue reading in Re White Rose Cottage: ChD 1964
Horsham Properties Group Ltd v Clark and Another: ChD 8 Oct 2008
The court was asked whether section 101 of the 1925 Act infringes the Convention rights of residential mortgagors by allowing mortgagees to overreach the mortgagor by selling the property out of court, without first obtaining a court order either for possession or sale. The owners had charged the property, but fell into arrears. The creditor … Continue reading Horsham Properties Group Ltd v Clark and Another: ChD 8 Oct 2008
In the Matter of University of Westminster: CA 15 Jul 1998
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
Urban Manor Limited v Sadiq: CA 20 Feb 1997
Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited.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
Thames Valley Holdings Ltd v The National Trust: CA 5 Jul 2012
Judges: Lord Justice Lloyd Citations: [2012] EWCA Civ 1019 Links: Bailii Statutes: National Trust Act 1937 8, Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 15 July 2022; Ref: scu.463277
Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998
Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
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
Swift 1st Ltd v Colin and Others: ChD 27 Jul 2011
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
Wood v United Kingdom: ECHR 2 Jul 1997
(Commission decision as to admissibility) The applicant’s house had been repossessed by a mortgagee when she defaulted on her payments due under the mortgage. Her complaint was found to be manifestly ill-founded, saying ‘In so far as the repossession constituted an interference with the applicant’s home, the Commission finds that this was in accordance with … Continue reading Wood v United Kingdom: ECHR 2 Jul 1997
London Borough of Harrow v Qazi: HL 31 Jul 2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
Hand and Another v George: ChD 17 Mar 2017
Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017
Shaws (EAL) Ltd v Pennycook: CA 2 Feb 2004
Tenant’s First Notice to terminate, stood The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The landlord sought to rely upon … Continue reading Shaws (EAL) Ltd v Pennycook: CA 2 Feb 2004
Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
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
Port of London Authority v David Frank Devere and 7 Others (Rivers, Waterways and Foreshore): LRA 27 Feb 2013
LRA Rivers, Waterways and Foreshore – Trial of a preliminary issue as to whether the Applicant can establish documentary title to part of the bed and foreshore of the River Thames; the ‘ad medium filum’ rule; true construction of the words ‘in front of or immediately adjacent to’; Port of London Act 1908, sections 1, … Continue reading Port of London Authority v David Frank Devere and 7 Others (Rivers, Waterways and Foreshore): LRA 27 Feb 2013
Expert Clothing Service and Sales Ltd v Hillgate House Ltd and Another: CA 2 Apr 1985
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
Birmingham v Renfrew; 11 Jun 1937
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
