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
A breach of the covenant either against subletting or against assignment are uniquely not a breach capable of remedy, and the lease was subject to forfeiture. Citations: [1974] QB 575 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Akici v LR Butlin Ltd CA 2-Nov-2005 The tenant appealed … Continue reading Scala House and District Property Co Ltd v Forbes: CA 1974
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
The court discussed the need for some system of acquisition of right by user. Lord Denning MR said: ‘the long user as of right should by our law be given a lawful origin if that can be done.’ Stamp LJ said: ‘if long enjoyment of a right is shown, the court will strive to uphold … Continue reading Davis v Whitby: CA 1974
A ‘subject to contract’ document might be evidence of an antecedent or oral contract and satisfy section 40 of the Law of Property Act 1925 if the stipulation was later waived. A memorandum or note must, if it is to be effective, not only state the terms of the contract but also contain an acknowledgement … Continue reading Law v Jones: 1974
RESTRICTIVE COVENANTS – Discharge – pub on housing estate – restriction on use to hotelier and licensed victualler – objectors seeking to keep pub open – possibility of pub closing – held that the restriction does not secure practical benefits to the objectors – Tribunal’s discretion to modify – application allowed – Law of Property … Continue reading James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the trusts in remainder were void for perpetuity. Held: A trustee when exercising a … Continue reading Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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 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
(Obiter) The section did not dispense with the need for delivery of a deed executed by a corporation. Judges: Nourse LJ Citations: (1989) 58 PandCR 189 Statutes: Law of Property Act 1925 74(1) Jurisdiction: England and Wales Cited by: Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003 The proposed landlord had sealed the … Continue reading Longman v Viscount Chelsea: CA 1989
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
A lease contained an option to renew. Both the lease and the reversion were assigned for value. The assignee of the lease exercised the option and a new lease and counterpart were engrossed. The tenant executed the counterpart. The assignee of the reversion, a company, sealed the lease, but then sought to avoid granting the … Continue reading Beesly v Hallwood Estates Ltd: 1960
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
LANDLORD AND TENANT – ADMINISTRATION CHARGES – address for service of notice requiring payment of ground rent – tenant’s address known to landlord but not to its successor – whether knowledge of address to be imputed to successor – notice served by post – whether required to be addressed to tenant at subject property – … Continue reading Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022
The 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 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
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
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
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected. Held: The landlord was entitled when granting consent to take into account possible adverse effects on his own business interests and was therefore able to impose … Continue reading Sargeant, and Sargeant v Macepark (Whittlebury) Limited: ChD 8 Jun 2004
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
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 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
The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005
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 tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. The judge had found a sharing of occupation. Held: The tenant’s appeal succeeded. The … Continue reading Akici v LR Butlin Ltd: CA 2 Nov 2005
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 Plaintiff had relied on a negligent survey to purchase a substantial Elizabethan property and land. The report did not mention that the timbers of the house were badly affected by death watch beetle and worm so that the only course left to him was to replace the roof and to rebuild the timbers etc. … Continue reading Philips v Ward: CA 1956
An intended assignment of a tenancy which had not been completed in writing by deed was ineffective as against Landlord. An assignment of a weekly tenancy must be by deed if it is to be valid. Citations: Gazette 22-Jan-1992, [1992] 1 All ER 744 Statutes: Law of Property Act 1925 53 Jurisdiction: England and Wales … Continue reading Crago v Julian: CA 22 Jan 1992
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
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
A right of pre-emption had misdescribed the property when it was registered. The land was transferred without regard to the right of pre-emption. It was found as a fact that no money passed for the transfer, and the claimants said the unregistered right of pre-emption was, under the Act, only void as against a purchaser … Continue reading Merer v Fisher and Another: CA 13 May 2003
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
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
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000
The bank took a second charge over property, but failed to get it registered. The chargors fell into debt and bankruptcy, and the property was sold. The proceeds were used to discharge the first charge, and then repay unsecured creditors. The bank claimed the money had been received on constructive trust. Held: The court confirmed … Continue reading Buhr v Barclays Bank plc: CA 26 Jan 2001
A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement. Citations: Gazette 07-May-1998, [1998] EWCA Civ 746 Statutes: Law of Property Act 1925 62 Jurisdiction: England and Wales Citing: See Also … Continue reading Hillman and Hillman v Rogers and Rogers: CA 30 Apr 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
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
The court discussed the duties of a vendor to the property between exchange and completion: ‘These duties and rights [of a purchaser] arise from the contract of sale and it is because of their existence that the vendor is said to be a constructive trustee, or a trustee sub modo, of the estate for the … Continue reading Berkely v Poulett: CA 1977
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 respondent had purchased a property in her sole name, but held the property with her husband. On a breakdown of the marriage, he signed a transfer of the property but the consideration was not settled. After his death, it was argued that the document was ineffective under the 1989 Act because it had not … Continue reading Clark v Chandler: CA 28 Jun 2002
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
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
UTLC RESTRICTIVE COVENANTS – Modification – Falmouth Dockyard – Application to modify restrictions so as to align covenants with those on adjoining land owned by the applicants and to allow work on commercial and military craft – potential for effect on objectors’ businesses – whether objectors enjoy practical benefits of substantial value or advantage – … Continue reading Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017
The tenant had a five year flexible tenancy. The landlord sought to terminate the tenancy for antisocial behaviour. She responded that the agreement included no express provision for re-entry or forfeiture. The Council landlord now appealed a finding that it did not have the right of re-entry. Held: The Council’s appeal succeeded in part. Citations: … Continue reading Croydon London Borough Council v Kalonga: SC 9 Mar 2022
Renewed oral application for permission to appeal against the refusal of the Upper Tribunal (Lands Chamber) (Mr P R Francis FRICS) to vary or discharge a restrictive covenant under section 84(1) of the Law of Property Act 1925 as amended. David Richards LJ [2016] EWCA Civ 674 Bailii Law of Property Act 1925 84(1) England … Continue reading Roland Stafford Flowers v Linstone Chine Management Company Ltd: CA 4 May 2016
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard form prohibition against assignments or sub-letting. The defendants now appealed against a finding that they were … Continue reading Clarence House Ltd v National Westminster Bank Plc: CA 8 Dec 2009
LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014
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
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
Land had been divided into three lots on its development, but the site plan did not match the line of a fence actually erected. Held: The court was not bound by the Watcham case, and would not follow it to allow reference to the later behaviour of parties in interpreting a deed. The court related … Continue reading Beale v Harvey: CA 28 Nov 2003
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a power should be exercised. Held: It did have that power. The power … Continue reading Nugent v Nugent: ChD 20 Dec 2013
LRA Alteration of the register to correct a mistake – Schedule 4 paragraph 5 of he Land Registration Act 1925 – mistake made on first registration in 1971 – omission of land from title – nature of right to seek correction of register – whether right passes to purchaser under section 63 of the Law … Continue reading Rossetti Ltd v Thresher Wines Acquisitions Ltd, First Quench Retailing Limited, Whitbread (UK) Limited: LRA 8 Sep 2009
The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance declaring that the plaintiff and the defendant were to hold the proceeds of sale of the property ‘upon … Continue reading Goodman v Gallant: CA 30 Oct 1985
The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011
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 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
“Subject to Contract” not to be diluted ‘subject to contract’ proposals remain in negotiation until a formal contract is executed. Lord Denning MR said: ‘for over a hundred years, the courts have held that the effect of the words ‘subject to contract’ is that the matter remains in negotiation until a formal contract is executed’ … Continue reading Tiverton Estates Ltd v Wearwell Ltd: CA 1975
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
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
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
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
Long Relationship Not Enough for Interest in Home The parties lived together for 17 years but were not married. The woman took the man’s name, but beyond taking on usual household duties, she made no direct financial contribution to the house. She brought up their two children over 17 years. Latterly she went to work, … Continue reading Burns v Burns: CA 1984
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 trustees proposed establishing a new trust in respect of the share of an estate to which an infant beneficiary had a contingent entitlement. A portion of the trust fund would be allocated to the new trust. Held: This was a lawful exercise of the statutory power of advancement. The new trusts must be read … Continue reading In Re Pilkington’s Will Trusts; Pilkington v Inland Revenue Commissioners: HL 8 Oct 1962
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
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 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
An appeal was mounted against the decision of the Lands Tribunal to allow the variation of a restrictive covenant under 84(1A)(b) only and not under 84(1A)(a). The tribunal had said that the word ‘substantial’ required applicants to show: ‘that the . .
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
A right of way, originally granted in connection with a five year tenancy of a part of a house, was converted by section 62 into a permanent right of way on the conveyance of the freehold.
Lord Justice Purchas disagreed with the judge who had . .
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
Land had been purchased under compulsory purchase powers. It had been subject to restrictive covenants in favour of neighbouring land which would have prevented the development now implemented. The question was how the compensation should be . .