Category: Land

Leeds Group Plc v Leeds City Council: ChD 21 Apr 2010

Application had been made to the defendant to register as a common land belonging in part to the claimant and in part to the defendant. The claimant objected to the registration. The defendant did not.

Judges:

Behrens J

Citations:

[2010] EWHC 810 (Ch), [2010] NPC 47

Links:

Bailii

Statutes:

Commons Registration Act 1965 13(b), Countryside and Rights of Way Act 2000, Commons Registration (New Land) Regulations 1969

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Suffolk County Council Ex Parte Steed and Steed Admn 1995
Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green.
Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it . .
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .

Cited by:

Appeal from – Leeds Group Plc v Leeds City Council CA 20-Dec-2010
The claimant appealed against refusal of its challenge to an order declaring part its land to be a town or village green.
Held: The term ‘neighbourhood within any locality’ in section 22(1A) can mean a singular neighbourhood or more than one . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 27 September 2022; Ref: scu.408581

Margerison v Bates and Another: ChD 30 May 2008

The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title.
Held: The court considered the construction of the clause applying Lord Hoffmann’s statement that ‘under the modern approach, ‘Almost all the old intellectual baggage of ‘legal’ interpretation has been discarded’. The modern approach to construction involves an interpretation of meaning . . not an approach which is governed in respect of specific issues or instances by fixed rules of law. The draftsman intended ‘the vendor’ to be Mrs Horn alone and where he thought he should refer to her ‘successors in title’ he did so expressly. Whilst there were attractions in reading the clause to include her successors, that could not be done without doing violence to the words used. The clear distinctions drawn in the conveyance made alternative readings impossible.
However the death of the covenantee in this case discharged the covenant rather than making it absolute.

Judges:

Bartley-Jones QC J

Citations:

[2008] EGLR 165, [2008] EWHC 1211 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Cited – City Inn (Jersey) Ltd v Ten Trinity Square Ltd CA 6-Mar-2008
A release of a restrictive covenant had been granted to a predecessor in title of the claimants. The defendants said that the release had been personal to the party to whom it was given, and that the covenant still bound the land.
Held: The . .
Cited – Absalom v TCRU Ltd CA 19-Dec-2005
Longmore LJ discussed the construction of a contract: ‘(i) the aim of the exercise is to ascertain the meaning of the relevant contractual language in the context of the document and against the background to the document. The object of the enquiry . .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – Marquess of Zetland v Driver CA 1939
The vendor was tenant for life of settled land at Redcar. By a 1926 conveyance part was conveyed to a purchaser who covenanted ‘to the intent and so as to bind as far as practicable the said property hereby conveyed into whosesoever hands the same . .
Cited – Mahon and Another v Sims QBD 8-Jun-2005
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 . .
Cited – Crest Nicholson Residential (South) Ltd v McAllister CA 1-Apr-2004
Land had been purchased which was subject to a restrictive covenant. The papers did not disclose the precise extent of the dominant land, the land which benefitted from the restriction.
Held: The land having the benefit of a covenant had to be . .
Cited – Bell v Norman C Ashton Ltd 1957
The property was on land part of a building scheme, with a covenant not to erect more than two houses on any one plot on the estate. Other restrictive covenants had been breached by the use of some properties as shops and by the erection of dwelling . .
Cited – BP Refinery (Westernport) Pty Ltd v The Shire of Hastings PC 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract.
Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a . .
Cited – In Re Beechwood Homes Limited’s Application CA 1994
Dillon LJ said that the case had proceeded below in the Lands Tribunal and had, therefore, to proceed in the Court of Appeal on the common basis that the power to consent to breach of a covenant was a dispensing power attached to another otherwise . .
Cited – Briggs v McCusker 1996
Where one of the plots subject to a building scheme had been sub-divided, the benefit of the covenant in the scheme which originally burdened the whole plot did not pass to the owner of one of the subdivided plots so as to enable that owner to . .

Cited by:

Cited – Seymour Road (Southampton) Ltd v Williams and Others ChD 29-Jan-2010
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 . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 27 September 2022; Ref: scu.396457

J Alston and Sons Ltd v BOCM Pauls Ltd: ChD 28 Nov 2008

Hazel Marshall QC discussed the idea of consent in adverse possession claims, saying that mere acquiescence in another’s use of one land is not the same as the grant of permission for that user for the purposes of the stopping time running in favour of an adverse possessor.
More generally: ‘Limitation is not so much about the acquisition of property by long user, ie someone getting a windfall, as about the loss of a right to claim property by the person who would otherwise be the owner on paper, but who has done nothing with it. It has always been a principle of English law that a person who owned land, but who, with another in occupation of it amounting to possession, failed for upwards of twelve years either to assert his own better right to possession, or to obtain a clear recognition of his title from the party in occupation (by means of a payment or other form of plain acknowledgment) simply lost his right to possession of that land.’

Judges:

Hazel Marshall QC J

Citations:

[2008] EWHC 3310 (Ch), [2009] 1 EGLR 93

Links:

Bailii

Statutes:

Land Registration Act 2002

Jurisdiction:

England and Wales

Cited by:

Cited – Zarb and Another v Parry and Another CA 15-Nov-2011
The parties disputed the position of the boundary between their neighbouring properties. The appellant Z had succeeded in establishing that the the boundary was as they decribed on paper, but the respondents had succeeded in their claim for adverse . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 27 September 2022; Ref: scu.396461

Druce v Druce: CA 13 Aug 2002

Citations:

[2002] EWCA Civ 1353

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Druce v Druce CA 11-Feb-2003
The parties disputed the extent of land conveyed. The conveyance described the plan as for identification purposes only but the decsription went on to say that it was ‘more particularly delineated on’.
Held: In the circumstances the plan would . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 27 September 2022; Ref: scu.217523

Anderson v Shetland Islands Council and Another: SCS 15 Nov 2011

Judges:

Lady Smith

Citations:

[2011] ScotCS CSOH – 187

Links:

Bailii

Citing:

See Also – Anderson v Shetland Islands Council and Another SCS 16-Feb-2010
The petitioner complained that the responders had constructed various properties near her house in such a way as to redirect large volumes of run-off water onto her property.
Held: The petition was dismissed. The petitioner had not relevantly . .

Cited by:

See Also – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Land

Updated: 26 September 2022; Ref: scu.448531

Gillespie v Gillespie and Others (No 1): SCS 18 Nov 2011

Judges:

Lord Hodge

Citations:

[2011] ScotCS CSOH – 188

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Gillespie v Gillespie and Others SCS 30-Nov-2011
Outer House, Court of Session – supplementary opinion . .

Cited by:

See Also – Gillespie v Gillespie and Others (No 2) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 3) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 4) SCS 18-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 26 September 2022; Ref: scu.448539

Gillespie v Gillespie and Others (No 2): SCS 18 Nov 2011

Judges:

Lord Hodge

Citations:

[2011] ScotCS CSOH – 189

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Gillespie v Gillespie and Others SCS 30-Nov-2011
Outer House, Court of Session – supplementary opinion . .
See Also – Gillespie v Gillespie and Others (No 1) SCS 18-Nov-2011
. .

Cited by:

See Also – Gillespie v Gillespie and Others (No 3) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 4) SCS 18-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 26 September 2022; Ref: scu.448540

Gillespie v Gillespie and Others (No 3): SCS 18 Nov 2011

Judges:

Lord Hodge

Citations:

[2011] ScotCS CSOH – 190

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Gillespie v Gillespie and Others SCS 30-Nov-2011
Outer House, Court of Session – supplementary opinion . .
See Also – Gillespie v Gillespie and Others (No 1) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 2) SCS 18-Nov-2011
. .

Cited by:

See Also – Gillespie v Gillespie and Others (No 4) SCS 18-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 26 September 2022; Ref: scu.448541

Gillespie v Gillespie and Others (No 4): SCS 18 Nov 2011

Judges:

Lord Hodge

Citations:

[2011] ScotCS CSOH – 191

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Gillespie v Gillespie and Others SCS 30-Nov-2011
Outer House, Court of Session – supplementary opinion . .
See Also – Gillespie v Gillespie and Others (No 1) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 2) SCS 18-Nov-2011
. .
See Also – Gillespie v Gillespie and Others (No 3) SCS 18-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 26 September 2022; Ref: scu.448542

Drake and Another v Fripp: CA 3 Nov 2011

This judgment is concerned with the assessment of costs following a half day hearing of a boundary dispute appeal, which was dismissed.

Judges:

Lord Neuberger MR, Aikens, Lewison LJJ

Citations:

[2011] EWCA Civ 1282, [2012] 2 Costs LR 264

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main Judgment – Drake and Another v Fripp CA 3-Nov-2011
The parties disputed the location of the boundary between their properties. An appeal against the adjudicator’s award altering the filed plan.
Held: The appeal failed: ‘there was no restriction on the adjudicator’s power to direct the Land . .
Lists of cited by and citing cases may be incomplete.

Land, Costs

Updated: 26 September 2022; Ref: scu.448136

Bowser v Caley and others: ChD 16 Mar 2006

The claimant alleged that the transfer by him of his land to his sister and her husband had been obtained by any of several wrongful means and should be set aside.
Held: The allegations of undue influence failed. The claimant did not establish that the sister had sufficient influence over him, and nor had he established the plea of non est factum or mistake. As to the trust alleged: ‘for a constructive trust to arise it must be established that there was a common intention or understanding that the claimant was to have some beneficial interest in the property. If the claimant has acted to his detriment in reliance on this intention or understanding a constructive trust or proprietary estoppel arises. There is little difference between a constructive trust or a proprietary estoppel though it has been said that there is a greater flexibility in the remedy in the case of an estoppel. ‘ Such a trust arose in the nature of a life interest in the proceeds of sale. However the costs of the actin would be likely to deplete any fund available.

Citations:

[2006] EWHC B3 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .
Cited – Anthony Papouis v Valerie Gibson-West ChD 4-Mar-2004
The deceased had purchased her flat using the discount available as a tenant, and money contributed by the defendant. A deed of trust had been executed, which the claimant now asserted had been obtained by undue influence.
Held: The principles . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Undue Influence

Updated: 25 September 2022; Ref: scu.241303

Clarke v Harlowe: ChD 12 Aug 2005

The parties lived together. They acquired between them several properties of which the last was declared to be held as joint tenants. The relationship broke down. The parties now sought a declaration as to the destination of the proceeds of sale, the man having contributed the vast part of the costs. She replied that the money had been spent when the relationship was continuing, and that no principle of equitable accounting applied.
Held: The express declaration of trust was the starting point and was conclusive as to the beneficial interests in the absence of fraud or mistake. It was possible to vary the trusts after acquisition, but there was no reason to accept such a variation had occurred here. ‘In the ordinary case of cohabitation the common purpose of the implied trust subsists whilst the relationship subsists. During that period whilst the ordinary arrangements for the discharge of the outgoings subsist there is no breach or failure by any one of the parties to honour any obligation owed to the other. Thus in the usual case there is no room or reason for equitable accounting.’ Ms Clarke had not failed to do anything she had promised to do or had been asked to do, and ‘there is no reason why a court of equity should now compel her to contribute to the cost of the improvements and there is no room for any equitable accounting.’

Judges:

Behrens QC

Citations:

[2005] EWHC B20 (Ch)

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996

Jurisdiction:

England and Wales

Citing:

Cited – Bernard v Josephs CA 30-Mar-1982
The court considered the division of proceeds of sale of a house bought by an unmarried couple.
Held: Where the trusts for which a property was purchased have been concluded, the house should be sold.
Griffiths LJ said: ‘the fact that . .
Cited – Pettitt v Pettitt HL 23-Apr-1969
A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.
Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its . .
Cited – Gissing v Gissing HL 7-Jul-1970
Evidence Needed to Share Benefical Inerests
The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it.
Held: The principles apply to any case where a beneficial interest in land is claimed by a . .
Cited – Goodman v Gallant CA 30-Oct-1985
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 . .
Cited – Leake (formerly Bruzzi) v Bruzzi CA 1974
The house was purchased in the husband’s sole name with a declaration of trust in favour of the husband and wife, holding the property as joint tenants. The wife had left the matrimonial home, and the husband had paid all the mortgage instalments . .
Cited – in Re Pavlou (A Bankrupt) ChD 17-Mar-1993
Mr and Mrs Pavlou bought a house for andpound;12,500 with a mortgage of andpound;9,500. After the husband left, the wife remained in sole occupation, and paid the mortgage instalments as they fell due. Thirteen years after the marriage Mrs Pavlou . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 25 September 2022; Ref: scu.237287

Mayor and Commonalty and Citizens of the City of London and others v Intercede 1765 Ltd and Intercede 1766 Ltd: ChD 27 Jul 2005

Land had been acquired and planning permission obtained to erect a new commercial building. The claimants sought to enforce a covenant restricting the height of any new building.

Judges:

The Vice-Chancellor

Citations:

[2005] EWHC 1691 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Land, Damages

Updated: 25 September 2022; Ref: scu.229038

Brunt and others v Southampton International Airport Ltd: CA 7 Feb 2005

The claimants lived near Southampton Airport. The airport was altered to allow larger aircraft to use it, and they claimed damages for the increased noise and disturbance. Land had been acquired for additional parking. The number of aircraft flying would not increase, though the number of passengers would.
Held: A claim for noise disturbance could not be raised via a claim arising from the increased parking spaces. That increase was not intended to raise the number of flights.

Judges:

Tuckey LJ, Neuberger LJ, Lord Justice Ward (dissenting)

Citations:

[2005] EWCA Civ 93, Times 15-Feb-2005

Links:

Bailii

Statutes:

Land Compensation Act 1973 9(6)

Jurisdiction:

England and Wales

Citing:

Cited – Regina (on the application of Gilbert) v Plymouth City Airport Limited; W W Thomas v Secretary of State for Transport, Environment and Regions CA 8-Feb-2001
The airport was the operator liable for compensation. The apron was extended to allow for two more helicopters to be based at the airport, and a neighbouring householder claimed compensation for loss to the value of his house. The Secretary’s . .
Cited – Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others HL 2-Dec-2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge.
Held: The appeal was allowed. The . .
Cited – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 22 September 2022; Ref: scu.222556

Mohammed v Gomez and Others: PC 19 Dec 2019

(Trinidad and Tobago) The appellant challenged the decision of the Court of Appeal, disagreeing with the trial judge, that the three respondents are entitled to equitable interests in the homes built and maintained by them on his property during the ownership of his predecessors.

Judges:

Lady Hale, Lord Wilson, Lord Carnwath, Lord Lloyd-Jones, Lady Arden

Citations:

[2019] UKPC 46

Links:

Bailii

Jurisdiction:

England and Wales

Land, Equity

Updated: 22 September 2022; Ref: scu.645939

Seebun v Domun and Others: PC 21 Oct 2019

(Mauritius) The Board considered questions about the acquisition of ownership of immovable property through acquisitive prescription and the loss of a right of action through extinctive prescription.

Judges:

Lord Carnwath,
Lord Hodge, Lady Black, Lady Arden, Lord Sales

Citations:

[2019] UKPC 39

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 22 September 2022; Ref: scu.645934

Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 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 Property Act 1925 s 84(1)(aa) and (c)

Citations:

[2010] UKUT 325 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 20 September 2022; Ref: scu.445680

Halifax General Insurance Services v Teignbridge District Council: UTLC 7 Jun 2011

COMPENSATION – Tree Preservation Order – refusal of consent to crown reduce a mature oak tree alleged to have caused subsidence to residential dwelling – claim for cost of remedial works and preventative measures – compensation pounds 7,602 – Town and Country Planning (Trees) Regulations 1999

Citations:

[2011] UKUT 213 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 20 September 2022; Ref: scu.445662

Perkins, Re Peplins Way, Brookmans Park: UTLC 16 Jun 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 – whether modification would cause injury – application refused – Law of Property Act 1925, section 84(1)(aa) and (c)

Citations:

[2011] UKUT 219 (LC)

Links:

Bailii

Statutes:

Law of Property Act 1925 84(1)(aa) 84(1)(c)

Jurisdiction:

England and Wales

Land

Updated: 20 September 2022; Ref: scu.445664

Ministry of Defence v Country and Metropolitan Homes (Rissington) Ltd and Another: ChD 22 Oct 2002

A transfer of land included overage provisions providing for payment of compensation if the land was developed within a certain period. They claimed that additional clauses needed to be implied.
Held: Whether a clause was to be implied was a question of law, not fact. Here the contract was workable without the implied terms, and could be given business efficacy without them. The clause would not be implied.

Judges:

Rimer J

Citations:

Times 07-Nov-2002, [2002] EWHC 2113 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land

Updated: 19 September 2022; Ref: scu.658065

National Grid Electricity Transmission Plc v Arnold White Estates Ltd: CA 3 Mar 2014

Judges:

Lord Dyson MR, Briggs LJ, Sir Stanley Burnton

Citations:

[2014] EWCA Civ 216, [2014] 1 Ch 385, [2014] WLR(D) 108, [2014] RVR 247, [2014] 1 CH 385, [2014] 3 All ER 626, [2014] 2 WLR 1055

Links:

Bailii, WLRD

Statutes:

Electricity Act 1989

Jurisdiction:

England and Wales

Utilities, Land

Updated: 19 September 2022; Ref: scu.521940

Southern Centre of Theosophy Incorporated v The State of South Australia: PC 15 Dec 1981

(Australia) Lord Wilberforce described accretion as: ‘a doctrine which gives recognition to the fact that where land is bounded by water, the forces of nature are likely to cause changes in the boundary between the land and the water. Where these changes are gradual and imperceptible (a phrase considered further below), the law considers the title to the land as applicable to the land as it may be so changed from time to time. This may be said to be based on grounds of convenience and fairness. Except in cases where a substantial and recognisable change in boundary has suddenly taken place (to which the doctrine of accretion does not apply), it is manifestly convenient to continue to regard the boundary between land and water as being where it is from day to day or year to year. To do so is also fair. If part of an owner’s land is taken from him by erosion, or diluvion (ie advance of the water) it would be most inconvenient to regard the boundary as extending into the water: the landowner is treated as losing a portion of his land. So, if an addition is made to the land from what was previously water, it is only fair that the landowner’s title should extend to it. The doctrine of accretion, in other words, is one which arises from the nature of land ownership from, in fact, the long-term ownership of property inherently subject to gradual processes of change.’

Judges:

Lord Wilberforce

Citations:

[1981] UKPC 41

Links:

Bailii

Jurisdiction:

Australia

Cited by:

Cited – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 19 September 2022; Ref: scu.443981

Rev Smith As Moderator of The General Assembly of The Free Church of Scotland and Others v Rev Morrison and Others: SCS 12 Aug 2011

The pursuer sought a declaration as to the ownership of and trusts in land and building forming the Manse at Broadford, Skye, and an order excluding the respondents from the lands.

Judges:

Lord Osborne, Lord Bonomy, Lord Drummond Young

Citations:

[2011] ScotCS CSIH – 52

Links:

Bailii

Jurisdiction:

Scotland

Land, Ecclesiastical, Trusts

Updated: 17 September 2022; Ref: scu.442763

Secretary of State for the Environment Food and Rural Affairs v Meier and others: CA 31 Jul 2008

The claimant sought possession of land occupied by the defendant nomadic people. Part of the land only had been occupied by the defendants.
Held: An order for possession could be granted not only of the land occupied, but also the remainder of the land. The Court of Appeal ordered that the Secretary of State ‘do recover’ the other woods, and that each of the defendants ‘be restrained from entering upon, trespassing upon, living on, or occupying’ any of the other woods.

Judges:

Arden LJ

Citations:

[2008] EWCA Civ 903, [2009] 1 WLR 828

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 17 September 2022; Ref: scu.271291

Darley Main Colliery Co v Mitchell: HL 1886

The owner of land whose land was affected by subsidence in 1868 and who received compensation from those who had worked coal and caused the subsidence, was able, in 1882 when further subsidence took place causing further injury, to bring a fresh action for compensation. No action could be brought in respect of a withdrawal of support until physical damage had occurred. That was then a fresh action. ‘A man slandered or libelled by words actionable in themselves must sue, if at all, for all his damage in one action.’ ‘No one will think of disputing the proposition that for one cause of action you must recover all damages incident to it by law once and for ever. A house that has received a shock may not at once show all the damage done to it, but it is damaged nonetheless [then] to the extent that it is damaged, and the fact that the damage only manifests itself later on by stages does not alter the fact that the damage is there; and so of the more complex mechanism of the human frame, the damage is done in a railway accident, the whole machinery is injured, though it may escape the eye or even the consciousness of the sufferer at the time, the later stages of suffering are but the manifestations of the [original] damage done, and consequent upon the injury originally sustained.’

Judges:

Lord Bramwell

Citations:

(1886) 11 App Cas 127

Jurisdiction:

England and Wales

Cited by:

Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Distinguished – Iqbal v Legal Services Commission CA 10-May-2005
The claimant had been a partner in a firm of solicitors. They came to be suspected by the respondent of overclaiming legal aid payments and sums were withheld. For this and other reasons the practice folded, and the claimant became insolvent. He . .
Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .
Cited – Patterson v Ministry of Defence QBD 29-Jul-1986
The plaintiff had been exposed to asbestos when working for the defendant. X-rays revealed development of pleural plaques, but these would remain asymptomatic.
Held: Material damage sufficient to set time running was the same as damage . .
Mentioned – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Cited – Moorjani and Others v Durban Estates Ltd and Another TCC 15-May-2019
Allegations of breach of landlords’ repairing obligations – defendants’ strike out application.
Held: ‘ the critical question is whether this second action is based on the same cause, or causes, of action, and not whether it pleads the same . .
Lists of cited by and citing cases may be incomplete.

Damages, Land

Updated: 17 September 2022; Ref: scu.214291

British Railways Board v Glass: CA 1965

An easement arising by prescription involves a fictional lost grant. The court considered the extent of user of an easement in relation to a prescriptive right of way for the benefit of land used as a caravan site: ‘A right to use a way for this purpose or that has never been to my knowledge limited to a right to use the way so many times a day or for such and such a number of vehicles so long as the dominant tenement does not change its identity. If there be a radical change in the character of the dominant tenement, then the prescriptive right will not extend to it in that condition. The obvious example is the change of a small dwelling house to a large hotel, but there has been no change of that character according to the facts found in this case.’

Judges:

Harman LJ, Davies LJ

Citations:

[1965] Ch 538

Jurisdiction:

England and Wales

Citing:

Cited – Wimbledon and Putney Commons Conservators v Dixon CA 1875
A prescriptive right of way had been enjoyed in connection with the use of the dominant land for agricultural purposes, which had included enlarging the farmhouse and rebuilding a cottage. The dominant owner could not use the way for carting . .

Cited by:

Cited – Richard Jonathan Brett Guise v John Drew ChD 8-Jun-2001
A right of way had been acquired by prescription, but its extent was disputed. It had been used for mainly residential purposes, but then to a greater extent for a different business use.
Held: A right of way may be for one purpose, to the . .
Cited – McAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
Cited – Giles v County Building Constructors (Hertford) Limited ChD 1971
A right of way had arisen by prescription in favour of land which had two detached dwelling houses on it.
Held: The right of way could continue to be used, even after the two houses had been demolished and replaced by a three-storey block of . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 16 September 2022; Ref: scu.181098

Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011

Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical application of article 1 to individual cases. First, the three rules are not ‘distinct in the sense of being unconnected’; the second and third rules are to be ‘construed in the light of the general principle enunciated in the first rule’. Secondly, although not spelt out in the wording of the article, claims under any of the three rules need to be examined under four heads:
(i) whether there was an interference with the peaceful enjoyment of ‘possessions’;
(ii) whether the interference was ‘in the general interest’;
(iii) whether the interference was ‘provided for by law’; and
(iv) proportionality of the interference.
. . The cases show that the issue of proportionality can be expanded into the following question:
‘whether the interference with the applicants’ right to peaceful enjoyment of their possessions struck the requisite fair balance between the demands of the general interest of the public and the requirements of the protection of the individual’s fundamental rights, or whether it imposed a disproportionate and excessive burden on them.’ (Bugajny v Poland 6 November 2007, para 67).’

Judges:

Mummery, Carnwath, Hedley LJJ

Citations:

[2012] 2 WLR 624, [2011] EWCA Civ 862, [2012] PTSR 441, [2012] JPL 25, [2012] QB 512, [2012] HLR 1, [2011] RVR 241

Links:

Bailii

Statutes:

Land Compensation Act 1973

Jurisdiction:

England and Wales

Citing:

Appeal from – Thomas and Others v Bridgend County Borough Council UTLC 29-Jul-2010
UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by . .

Cited by:

Cited – Cusack v London Borough of Harrow SC 19-Jun-2013
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 16 September 2022; Ref: scu.442185

Szepietowski v The Serious Organised Crime Agency: CA 21 Jul 2011

The claimant owned properties subject to charges in favour of a bank. The Agency alleged that the properties represented the proceeds of crime. The agency had settled its claim by taking a second charge over one property. When that was sold, only sufficient funds were available to discharge the bank’s first charge, and the Agency requested an order to require the Bank to recover its loans from the other properties.

Judges:

Arden, Sullivan, Patten LJJ

Citations:

[2011] EWCA Civ 856, [2011] WTLR 1435

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Director of the Assets Recovery Agency v Szepietowski and others Admn 29-Sep-2006
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations.
Held: The enforcement agency . .
See Also – Szepietowski v Assets Recovery Agency Admn 28-Nov-2006
The first respondent applied for the freezing and receiving orders in relation to two properties and chattels obtained by the first respondent under the 2002 Act to be discharged on the footing that the Agency Director has not shown that she has a . .
See Also – Assets Recovery Agency v Szepietowski and others CA 24-Jul-2007
The defendant had had set aside an interim order for assets recovery. The director appealed against a finding by the court below that he did not have ‘a good arguable case’, justifying an interim recovery order.
Held: The appeal succeeded. On . .
See Also – Serious Organised Crime Agency v Szepietowski and others ChD 27-Feb-2009
Several of the defendants applied for assets to be excluded from an interim receiving order in order to enable them to meet legal expenses. . .
See Also – Assets Recovery Agency v Szepietowski and Others ChD 19-Mar-2009
The applicant defendants sought to have excluded from the effect of restrictions on their dealing with property, property which was held under trusts.
Held: The applications were rejected. There were well established rules allowing trustees . .
See Also – Serious Organised Crime Agency v Szepietowski and Others (No 2) ChD 1-Jul-2009
The Agency asked to have set aside four orders allowing the defendant to have excluded from his assets subject to an interim receiving order to allow payment of his legal expenses.
Held: There was no rule that assets once excluded from an . .
Appeal from – Serious Organised Crime Agency v Szepietowski and Others ChD 15-Oct-2010
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, . .
Cited – Manks v Whiteley 1911
. .

Cited by:

Appeal from – Szepietowski v The National Crime Agency SC 23-Oct-2013
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that . .
Lists of cited by and citing cases may be incomplete.

Land, Equity

Updated: 16 September 2022; Ref: scu.442020

Meynell v Surtees: 8 Nov 1854

In a suit for specific performance, where possession and expenditure are fairly referable to an express agreement with the landowner to give an adequate consideration to be calculated on a principle sufficiently defined in the agreement, the Court will in favour of the possession and expenditure endeavour to decree a specific performance: but not where the Plaintiff after filing his bill, but before the hearing, has obtained by an Act of Parliament the means of securing and keeping his possession without the aid of the Court.
A landowner offered a way-Ieave for a railway over his land to an iron mining company for sixty years, upon the payment of triple damages only. The company, pending a suit by them for specific performances, sold its line to a railway company for public traffic, who procured an Act authorising them compulsorily to purchase the land in fee over which the way-leave had been granted. Held, at the hearing, that there had been a variation as to the parties and the subject matter of the contract, and that there was no right to specific Performance.

Citations:

[1854] EngR 861, (1854) 3 Sm and G 101, (1854) 65 ER 581

Links:

Commonlii

Jurisdiction:

England and Wales

Land

Updated: 16 September 2022; Ref: scu.293718

Trail Riders Fellowship v Hampshire County Council: Admn 7 Dec 2018

Statutory challenge to the decision to make a traffic regulation order under section 1 of the Road Traffic Regulation Act 1984, restricting the use of certain ‘green lanes’ by mechanically propelled vehicles.

Judges:

Sir Ross Cranston

Citations:

[2018] EWHC 3390 (Admin)

Links:

Bailii

Statutes:

Road Traffic Regulation Act 1984 1

Jurisdiction:

England and Wales

Land

Updated: 15 September 2022; Ref: scu.631223

The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd: CA 17 May 2018

Judges:

Lewison, Floyd, David Richards LJJ

Citations:

[2018] EWCA Civ 1100, [2018] WLR(D) 304, [2019] Ch 331, [2018] 2 P and CR 18, [2019] 2 WLR 330

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal from – General Motors UK Ltd v The Manchester Ship Canal Company Ltd ChD 30-Nov-2016
The claimants had had a long standing licence to discharge water in the defendant’s canal. Having failed to pay the license fee, the licence was revoked. The claimants sought relief from forfeiture.
Held: Granted . .

Cited by:

At CA – The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd SC 23-Oct-2019
Limits on relief from forfeiture of land
In the context of land, equitable relief is only available for forfeiture of property rights, as opposed to a right to possession under a contract. . .
Lists of cited by and citing cases may be incomplete.

Land, Equity

Updated: 15 September 2022; Ref: scu.616330

General Motors UK Ltd v The Manchester Ship Canal Company Ltd: ChD 30 Nov 2016

The claimants had had a long standing licence to discharge water in the defendant’s canal. Having failed to pay the license fee, the licence was revoked. The claimants sought relief from forfeiture.
Held: Granted

Judges:

His Honour Judge Behrens sitting as a Judge of the High Court

Citations:

[2016] EWHC 2960 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – General Motors UK Ltd v The Manchester Ship Canal Company Ltd ChD 13-Jan-2017
. .
Appeal from – The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd CA 17-May-2018
. .
At First Instance – The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd SC 23-Oct-2019
Limits on relief from forfeiture of land
In the context of land, equitable relief is only available for forfeiture of property rights, as opposed to a right to possession under a contract. . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 15 September 2022; Ref: scu.571984

The Provinciall of The Slackfrieris v William Bervick: SCS 18 Nov 1503

No man should be pue out of his possession but by order of law. – Ane man beand be the space of ten zeiris, or ane langer time, in use and possessioun of ony annuelrent or dewtie to be upliftit out of ony landis or tenementis, or ony uther thing, he aucht and sould bruik and joise the samin, and be mantenit in his possessioun foirsaid, ay and quhill he be lauchfullie callit, and ordourlie put thairfra be the law.

Citations:

[1503] Mor 10597

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 15 September 2022; Ref: scu.554590