Category: Land

Al-Sabah v Ali and Others: ChD 22 Jan 1999

The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney.
Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice guidance after Penn and said ‘If instructions come to a solicitor not from the client himself but from a third party claiming to represent the client, the solicitor needs to take special care to satisfy himself that the client wishes him to act, by seeking the client personally or obtaining written confirmation from the client or taking some other step which is sufficient, in the circumstances, to show that the client wants the solicitor to act for him in the matter in question.’ Nor had the solicitors verified that the vendor had received the proceeds of sale. They were liable in negligence. Any indemnity from the Land Registry would be reduced according to the contribution from the solicitors.

Judges:

Ferris J

Citations:

[1999] EWHC 840 (Ch), [1999] EG 11

Links:

Bailii

Statutes:

Land Registration Act 1925 83(2)

Jurisdiction:

England and Wales

Citing:

Cited – Penn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .
Cited – Gale v Superdrug Stores Plc CA 25-Apr-1996
The right to resile from an admission made in pleadings is lost only if there can be found proof of prejudice to the other party. It is a matter for the judge’s discretion.
The court set out the principles on which it should act when it is . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Land, Legal Professions, Professional Negligence

Updated: 01 July 2022; Ref: scu.341193

Red River (UK) Ltd and Another v Sheikh and Another: ChD 9 Mar 2009

Judges:

Henderson J

Citations:

[2009] EWHC 431 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Red River UK Ltd and Another v Sheikh and Another ChD 15-Nov-2007
Applications for an order requiring actions to give effect to earlier judgments . .
See Also – Red River UK Ltd and Another v Sheikh and Another ChD 25-Apr-2008
. .
See Also – Red River and Another v Sheikh and Another ChD 21-May-2008
. .
See Also – Red River UK Ltd v Sheikh and Another CA 15-Dec-2008
. .

Cited by:

See Also – Red River (UK) Ltd and Another v Sheikh and Another CA 28-Apr-2009
The parties had compromised their litigation reaching a settlement, but had not adequately informed the court. The one remaining issue had been conceded.
Held: The appeal against the costs award failed. The court should have been forewarned of . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 July 2022; Ref: scu.317962

Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs: CA 1 Feb 2007

Citations:

[2007] EWCA Civ 53

Links:

Bailii

Statutes:

National Parks and Access to the Countryside Act 1949, New Forest National Park (Designation) Order 2002

Jurisdiction:

England and Wales

Citing:

Appeal from – Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs Admn 3-Nov-2005
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 July 2022; Ref: scu.248344

Graham and others v Mayrick: ChD 23 Mar 2006

The claimants sought specific performance of a compromise agreement with the defendant after a dispute over a strip of land. The defendant appealed a finding that the claimants had shown satisfactory title.
Held: ‘It has long been established that although the description of the property may be vague, if it contains sufficient internal information to enable the property to be ascertained, parol evidence should be admissible for that purpose’.

Judges:

Hart J

Citations:

[2006] EWHC 574 (Ch)

Links:

Bailii

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989 2(1)

Jurisdiction:

England and Wales

Citing:

Cited – Smirk v Lyndale Developments Ltd ChD 1975
The court considered the doctrine that a tenant acquiring title to land by adverse possession, did so on behalf of hs landlord.
Held: The cases demonstrated that ‘the law . . has got into something of a tangle’, but the doctrine, at least as . .
Cited – Smirk v Lyndale Developments Ltd CA 2-Jan-1975
Judgment upheld . .
Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA 18-Jun-1996
The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. . .

Cited by:

Cited – Graham and Others v Mayrick CA 1-Jun-2006
Application for leave to appeal – granted. . .
Appeal from – Trustees In the Charity of Sir John Morden v Mayrick; Graham v Mayrick CA 12-Jan-2007
The claimant had owned tracts of land in London for very many years, but the title deeds had been lost. The defendant had purchased a part from a company who had in turn purchased from the claimants, but the parties disputed an adjacent strip of . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 01 July 2022; Ref: scu.240016

Fairhold Ltd v St Helens Metropolitan Borough Council: LT 1 Aug 2005

LT COMPENSATION – compulsory purchase – houses in disrepair – owner of intermediate long leasehold interest not responding to CPO – value – comparable transactions – Land Compensation Act 1961 Part 1 – compensation

Citations:

[2005] UKLands ACQ – 5 – 2004

Links:

Bailii

Statutes:

Land Compensation Act 1961

Land, Damages

Updated: 01 July 2022; Ref: scu.229247

Martin and Another v The Coal Authority: LT 6 Jul 2005

LT COMPENSATION – mining subsidence – bungalow suffering successive incidences of damage – claimants rebuilding on adjacent site – whether rebuilding necessary to remedy damage to claimants’ reasonable satisfaction – cost of repairs – Coal Mining Subsidence Act 1991 section 6(2)(a) – compensation awarded andpound;53,958

Citations:

[2005] EWLands LCA – 197 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 01 July 2022; Ref: scu.228971

Koeller and Another v Coleg Elidyr (Camphill Communities Wales) Ltd: CA 12 Jul 2005

The applicants occupied a house as licensees. An order for possession was made against them. The company was a charitable company set up to provide accomodation in communities for handicapped adults. The workers in the communities were not formally salaried, but the Inland Revenue had taxed the benefits received. It was argued for them at the time that no intention to create legal relations existed. The claimants now said that they had a status as contractual tenants, and had agreed to resign from the company on the basis that financial provision would be made to allow them to find alternative accomodation. It was then proposed to purchase a property in which they could live, and an approach was made to the Charities Commission to approve the arrangement. The Commission declined. The applicants now claimed a proprietary estoppel.
Held: The company and the community were separate in law. The decision to seek possession was that of the company alone, and was not he same as the decision to expel him from the community. It bordered on the fanciful to say that the decision of the company was in breach of natural justice. They acted fairly and properly. The appellant had accepted the decision of the community to expel him. No intention to create contractual relations was established. The approach taken by the Charity Commission was to be regretted.

Judges:

Auld, Parker, Arden, LJJ

Citations:

[2005] EWCA Civ 856, [2005] BCLC 379

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Byrne v Kinematograph Renters Society Ltd 1958
The court formulated the principles of natural justice: ‘What then are the requirements of natural justice? First, I think that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to . .
Cited – Baird Textile Holdings Limited v Marks and Spencer Plc CA 28-Feb-2001
The court considered the requirements to establish a proprietary estoppel: ‘It is on authority an established feature of both promissory and conventional estoppel that the parties should have had the objective intention to make, affect or confirm . .
Cited – Faramus v Film Artistes’ Association HL 1964
Parties to a contract may be bound to act in it according to the rules of natural justice. . .
Cited – Lee v Showmens Guild of Great Britain CA 1952
Decisions of inferior tribunals, including arbitrators, were reviewable on the basis of general error of law on record for which certiorari might issue. A decision may be reviewable where there was no evidence supporting particular conclusions.
Cited – Shearson Lehman Hutton Inc and Another v Maclaine Watson and Co Ltd and Others 1989
The court considered the requirements of natural justice in the light of the decision in Gaiman: ‘Nor do I consider my conclusions to be inconsistent with the decision of Megarry J in [Gaiman] because Megarry J held that the principles of natural . .
Cited – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .
Cited – Gaiman v The National Association for Mental Health ChD 1970
The court considered the articles of an association without share capital but limited by guarantee. One article provided that a member should cease to be a member of the association if he were requested by resolution of the council to resign. It was . .
Cited – O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992) HL 20-May-1999
The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the . .
Cited – Booker v Palmer CA 1942
The owner of a cottage agreed to allow a friend to install an evacuee in the cottage rent free for the duration of the war.
Held: There was no intention on the part of the owner to enter into legal relationships with the evacuee. Lord Greene . .
Cited – Nagle v Fielden CA 1966
The applicant, a lady jockey appealed refusal by the Jockey Club to issue to her a jockey’s license based simply on the fact of her sex.
Held: Her appeal succeeded. The refusal was against public policy. Where a man’s right to work was in . .

Cited by:

Cited – The New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
Lists of cited by and citing cases may be incomplete.

Land, Estoppel, Company

Updated: 01 July 2022; Ref: scu.228431

Bryant v Macklin: CA 23 Jun 2005

The parties were neighbours. Mature trees had been damaged which had provided a screen against pylons. The cost of one directly equivalent tree would be andpound;400,000.
Held: In this case it was not possible to make an award which could restore the claimants to their position before the damage. It would be many years before replacement trees could regrow. ‘The fact that the claimants would prefer reinstatement with mature trees (rather than with young trees) is not a good reason for rejecting the option of reinstatement with young trees if that is what a reasonable person would choose to do if he was laying out his own money.’ The claimants should not have been denied at least the cost of replacing the lost trees with young whips. To those would be added an increased award of general damages. The judge had awarded aggravated damages. That award also would be increased. The defendants were well aware of the effect of their intimidatory behaviour, and that element of the award was increased to andpound;4,000.

Judges:

Lord Justice Chadwick, Lord Justice Longmore and Lord Justice Carnwath

Citations:

[2005] EWCA Civ 762

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Farmer Giles Ltd v Wessex Water Authority and another 1990
The court looked at the measure of damages in relation to damage to land: ‘The award, particularly when contrasted with the cost of full reinstatement, in my judgment, also passes the test of reasonableness. I add that test of reasonableness because . .
Cited – Scutt v Lomax CA 4-Feb-1999
The claimant sought damages for trespass to two plots comprising about one fifth of an acre. They had over many years gardened it and tended it. The defendant had bulldozed the entire area.
Held: The diminution in the value of the land was not . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 01 July 2022; Ref: scu.227086

CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted.
Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means that the period must start again with the new windows in order to build up an easement of light in relation to that altered window.’ However, the Claimants had proved that they were entitled to an easement or easements of light with respect to the windows on the northeast facade, because the effect of the 1967 Conveyance was to engage the proviso to section 3 of the 1832 Act in a manner which extended to the Corporation’s successors in title.

Judges:

William Trower QC J

Citations:

[2012] EWHC 1594 (Ch), [2012] 25 EG 89

Links:

Bailii

Statutes:

Prescription Act 1832, Rights of Light Act 1959 2(3)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Willoughby v Eckstein ChD 1936
The parties were tenants of the same landlord, the Grosvenor Estate in adjoining premises at Balfour Mews in Westminster. The plaintiff claimed for an infringement of his right of light from ancient windows by his neighbour, and also that the height . .
Cited – Marlborough (West End) Ltd v Wilks Head and Eve ChD 20-Dec-1996
A dispute between neighbours was settled by a deed with the following clause: ‘IT IS HEREBY AGREED AND DECLARED that notwithstanding that the Building Owners have placed windows in that part of their new buildings which overlook the premises . .
Cited – RHJ Ltd v FT Patten (Holdings) Ltd and Another CA 12-Mar-2008
A right to light is an unusual form of easement in the sense that it exists only with regard to the access to light to defined apertures in a building (as opposed to the dominant land generally) and its acquisition depends on actual enjoyment, not . .
Cited – Frewen v Philipps CEC 1861
The plaintiff and defendant occupied houses adjoining each other as tenants under leases both of which were granted by the same lessor on the same day, viz the 18th of December, 1788, and both expiring at the same time. The defendant by building on . .
Cited – Scott v Pape CA 1886
Once an easement has been abandoned, it is abandoned forever. The court considered the issue as regards rights of light, and alterations made after the right had been indefeasibly acquired.
Cotton LJ said: ‘In my opinion the question to be . .
Cited – MacKenzie v Childers ChD 1890
A deed contained a recital that it was intended to be a part of all future contracts for sale of the plots that the several purchasers should execute the deed, and be bound by the stipulations contained in it; and thereby it was expressed that each . .
Cited – Colls v Home and Colonial Stores Ltd HL 2-May-1904
The courts below had concluded that the defendant had infringed the plaintiff’s right to light, and had awarded an injunction.
Held: the appeal succeeded. The House set out the requirements for establishing the existence of a right to light. . .
Cited – Morgan v Fear HL 1907
Two adjoining tenants held of the same landlord. One enjoyed access and use of light over the adjoing tenanted premises for a period in excess of twenty years and without interruption.
Held: An absolute right of light was acquired as against . .
Cited – Andrews v Waite 1907
Neville J concluded that, even quite substantial alterations in the fenestration during the prescription period were not of themselves material; what mattered was that the light enjoyed should be the same light as that which was enjoyed throughout . .
Cited – News of the World Limited v Allen Fairhead and Sons Limited ChD 1931
The court was asked as to the effect of changes in the fenestration on acquired rights of light.
Held: Whether there is a sufficient coincidence to justify the retention of an enjoyment of the same light will depend on whether the new facade . .
Cited – Rhone and Another v Stephens CA 17-Mar-1993
A house had been divided. The original owner covenanted to repair the roof over the part which had been sold off. A later purchaser of the that part sought to enforce the covenant against a subsequent owner of the main house. At first instance the . .
Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Cited – Rhone and Another v Stephens HL 17-Mar-1994
A house was divided, the house being retained along with the roof over the cottage, and giving a covenant to repair the roof on behalf of the owner of the house. The cottage owner sought to enforce the covenant against a later owner of the house. . .
Cited – Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others CA 21-Jul-2000
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile.
Held: The covenant operated personally only. The covenants which might be implied by the section . .
Cited – Churchill v Temple and Others ChD 22-Oct-2010
Application for declarations relating to the enforceability, meaning and effect of a restrictive covenant.
Held: The court stressed the dangers of allowing an overly commercial construction to override the clear language of the instrument. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 July 2022; Ref: scu.463797

Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and Others, Regina (on The Application of) v Deluce and Others: Admn 23 Mar 2010

Waksman QC J considered dicta in the Sunningwell case and concluded that what he called the ‘predominance test’ no longer applied in relation to ‘neighbourhood within any locality’ under section 22(1A) of the 1965 Act. He said: ‘there is no reason now to assume that the user required for class (c) rights should be the same as for class (b) rights.
On that footing, I reject the notion that the Predominance Test has been carried forward into s 22(1A). That provision is clear in its terms and provided that a significant number of the inhabitants of the locality or neighbourhood are among the users it matters not that many or even most come from elsewhere’.

Judges:

Waksman QC J

Citations:

[2010] EWHC 530 (Admin), [2010] LGR 631

Links:

Bailii

Statutes:

Commons Registration Act 1965 22(1A)

Jurisdiction:

England and Wales

Cited by:

Cited – Paddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 July 2022; Ref: scu.406149

Paton v Devon County Council and Another: Admn 16 Jan 2013

The claimants appealed against rejection of their assertion of a local right of way. They referred to old maps. The respondent relied on the definitive map showing an alternate right of way since 1950.
Held: Though the claimant had a strong case, there was a sufficient basis of evidence for the recorder to have found as he did. There was no basis in law to challenge his findings.

Judges:

Burton J

Citations:

[2013] EWHC 1539 (Admin)

Links:

Bailii

Statutes:

Highways Act 1980 56, Wildlife and Countryside Act 1981 56

Jurisdiction:

England and Wales

Land

Updated: 01 July 2022; Ref: scu.513733

Hunt and Another v McLaren and others: ChD 4 Oct 2006

Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably reduced its value. The trustees sought clarification of their duties.
Held: A gift on trust must have a cestui que trust and must be for the benefit of individuals, unless charitable. It must have a definite object, and there must be someone in whose favour the court can enforce it. In general, in order to be valid, a non-charitable trust must have an ascertainable beneficiary in whose favour performance of the trust may be decreed.

Judges:

Lawrence Collins J

Citations:

[2006] EWHC 2386 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Conservative and Unionist Central Office v Burrell (Inspector of Taxes) CA 10-Dec-1981
An unincorporated association is defined as ‘two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings each having mutual duties and obligations, in an organisation which has rules which . .
Cited – Saunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
Cited – Morice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
Cited – Neville Estates Ltd v Madden ChD 1962
A charitable trust was created for the benefit of the members of Catford Synagogue.
Held: The court considered three categories of valid non-charitable purpose gifts: (1) an absolute gift to members of an association at the date of the gift, . .
Cited – Re Nottage CA 12-Jul-1895
A testator bequeathed a fund in trust to provide annually for ever a cup to be given to the most successful yacht of the season, stating that his object in giving the cup was to encourage the sport of yacht-racing.
Held: (affirming the . .
Cited – Elvridge v Coulson ChD 15-Jul-2003
An unregistered friendly society was dissolved. The governing instrument provided that the votes should be counted according to value, and that a vote of five sixths of such members by value were need to dissolve the company. Members claimed to be . .
Cited – Re GKN Bolts and Nuts Ltd etc Works Sports and Social Club ChD 1982
There was a sports and social club associated with GKN, whose members were all employees of GKN. The main issue in the case was whether the club had ceased to exist. But one subsidiary issue was whether a meeting had been validly convened. The club . .
Cited – Re Lead Co.’s Workmen’s Fund Society 1904
. .
Cited – Leahy v Attorney-General of New South Wales PC 20-Apr-1959
leahy_agnswPC1959-4
A gift to an unincorporated association simpliciter, i.e. where neither the circumstances of the gift nor the directions given nor the object expressed impose on the donee the character of a trustee, is nothing else than a gift to its members at the . .
Cited – Re Endacott CA 12-Oct-1959
The will had left the residue to a parish council for the purpose of providing some useful memorial to myself, subject to the proviso that if my wife outlives me they must during the lifetime of my wife pay to my wife the interest which may accrue . .
Cited – Neville Estates Ltd v Madden ChD 1962
A charitable trust was created for the benefit of the members of Catford Synagogue.
Held: The court considered three categories of valid non-charitable purpose gifts: (1) an absolute gift to members of an association at the date of the gift, . .
Cited – In re Denley’s Trust Deed ChD 1969
The trustees of land in Gloucestershire were to maintain the land as a sports ground for the benefit of the employees of a company and also for ‘such other person or persons (if any) as the trustees may allow to use the same . . .’ The Deed . .
Cited – Whishaw v Stephens (on appeal from In re Gulbenkian’s Settlement) (No 1) HL 31-Oct-1968
Parties disputed the effect of clauses describing the beneficiaries of a trust.
Held: The clause did not make sense as it stood. In a fixed non-charitable trust (as opposed to a discretionary trust) the court must be able to draw up a list of . .
Cited – Re Grant’s Will Trusts ChD 1980
The deceased left property to the Labour Party property committee.
Held: A trust created by making a gift to the members of an unincorporated assoication as at the date of the gift can be wound up only if under the rules, the members could, at . .
Cited – McPhail v Doulton (on appeal from In re Baden’s Deed Trusts) HL 6-May-1970
The settlor asked whether the test for validity, in point of certainty of objects, is the same for trusts and powers, or whether the test for trusts is more demanding.
Held: The test is the same. The context was a provision, held to be a . .
Cited – In re Bucks Constabulary Widows and Orphans Fund Friendly Society (No 2) 1979
In the absence of any contractual obligation otherwise, the funds of a mutual society must be distributed equally on a dissolution. . .
Cited – Re Recher’s Will Trusts ChD 1972
The deceased gave a share of the residue, to ‘The Anti-Vivisection Society, 76 Victoria Street, London S.W.1.’ She died in 1962 and her husband died in 1968. Until the end of 1956 a non-charitable unincorporated society, known as the ‘London and . .
Cited – Re Lipinski’s Will Trusts ChD 1976
Harry Lipinski bequeathed his residuary estate on trust as to half for the Hull Judeans (Maccabi) Association to be used solely to construct and improve the new buildings for the association. The executors sought a determination whether the bequest . .
Cited – Sharab v Salfiti CA 12-Dec-1996
No amendment was to be allowed to a claim introducing an allegation of a foreign criminal offence. The claim in contract failed for insufficient certainty or on some other ground, but a claim nonetheless succeeded as a quantum meruit. . .
Cited – Way v Latilla HL 1937
Mr Way (W), the plaintiff, was employed by Ariston, which had mining operations in Africa, as a consulting engineer and manager. He met the respondent (L) in England. He was asked to seek options to acquire concessions the respondent might acquire. . .
Cited – Becerra v Close Brothers ComC 25-Jun-1999
ComC Claim for fee for introducing successful bidder at a controlled auction – no express contract – no implied contract based on City practice – claim for quantum meruit failed because no express or implied . .
Lists of cited by and citing cases may be incomplete.

Trusts, Land

Updated: 01 July 2022; Ref: scu.245176

Bowie v The Marquis of Ailsa: HL 18 Nov 1887

Appeal to House of Lords – Petition for Leave to Appeal in forma pauperis – Public Right
In an action for declarator that the pursuer as a member of the public had right to fish with rod and line in a river on the defender’s property, the Court of Session assoilzied the defender. In a petition for leave to prosecute an appeal to the House of Lords in forma pauperis, the Appeal Committee refused the petition.

Citations:

[1887] UKHL 228

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 30 June 2022; Ref: scu.636756

Lee v Alexander: HL 3 Aug 1883

Property – Conveyance – Dispositive Clause – Superior and Vassal – Mid-Superiority – Construction of Conveyance.
The terms of the dispositive clause in a disposition conveyed the superiority of the ‘whole lands and others . . which belonged to me [the disponer and my predecessors, and have been disponed by me or them to the Glasgow and South-Western Railway Company.’ Held that these words of conveyance were sufficient to carry to the disponee the superiority of all lands disponed to the railway company by the disponer without exception, and could not be controlled or modified by a reference made in another clause of the disposition to the antecedent agreement of parties.
A disponed to B the superiority of ‘all the lands and others, part of the estate of X,’ and which had belonged to A, and been conveyed to a purchaser, ‘being the lands and others particularly described in a writ of clare constat’ granted by A, as immediate lawful superior, in his own favour as heir of his predecessor in the property. The estates of property and superiority were never consolidated. Part of the lands conveyed to the purchaser was to be held by him of A, and a split therefore took place in respect of it, A holding the superiority of the lands conveyed, and also a mid-superiority between that superiority and the purchaser’s estate of fee. Held, on a construction of the conveyance, that the disposition to B of the superiority of the lands did not embrace this mid-superiority.

Judges:

Lord Chancellor, Lords Blackburn, Watson, and Fitzgerald

Citations:

[1883] UKHL 877, 20 SLR 877

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 30 June 2022; Ref: scu.636768

Young v The North British Railway Co and The Lord Advocate: HL 1 Aug 1887

Property – Foreshore – Prescription – Possession
A proprietor whose title, dated in 1804, flowed from a subject-superior, and described his property as ‘bounded on the south by the sea,’ brought a declarator of property in the foreshore ex adverso of his lands against the Crown. No evidence was produced of the superior’s title, and the pursuer therefore founded on his own prescriptive possession on his title. He proved that his predecessor had built a retaining-wall, and so reclaimed a considerable portion of the foreshore; that he and his predecessors had been in use for more than the prescriptive period to cart drift sea-ware in large quantities from the shore for manure; that they had occasionally taken stones or gravel from the shore for various purposes; and that they had built and used a private bathing-house on the shore. The Crown in defence proved that a large quantity of stones had been taken by fishermen in their boats from that part of the coast to build a public breakwater, but it was not shown that any considerable quantity had been taken from the part of the foreshore claimed by the pursuer, or that he or his authors knew what was being done. The Crown also proved that members of the public had taken sea-ware from the foreshore claimed by the pursuer in creels or in barrows, but never in carts, as they had only a right of access by foot to that part of the shore, and that they had also taken whelks, mussels, and other shellfish, and shot gulls on the foreshore. Held ( aff. judgment of the Second Division) that the pursuer had proved possession for the prescriptive period, and was entitled to decree of declarator.

Judges:

Lord Chancellor (Halsbury), Lords Watson, Fitzgerald, and Macnaghten

Citations:

[1887] UKHL 763, 24 SLR 763

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 30 June 2022; Ref: scu.636755

Allan v Campbell: HL 6 Mar 1883

FeuContract-Construction-Erection in Alveus of Stream-Lower Heritor
Terms of a feucontract which were held ( aff. judgment of Second Division) to bar the feuar in an attempt to alter a weir with a view to convey an increased supply of water therefrom to his distillery.

Judges:

Lord Chancellor, Lord Watson, and Lord Fitzgerald

Citations:

[1883] UKHL 479, 20 SLR 479

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 30 June 2022; Ref: scu.636759

Oswald v Ayr Harbour Trustees: HL 23 Jul 1883

Harbour – Statutory Trustees – Land Acquired for Statutory Purposes – Ultra vires
Where the Legislature has for a public purpose granted power to a public company to take lands compulsorily, such company cannot bind itself only to make a use of the lands so acquired more limited than for the public advantage the Legislature has entitled it to make.
Harbour trustees having power to take certain lands for the use of the harbour, and thereon to form wharves, erect buildings, and form roads, served upon the proprietor statutory notice to take a piece of ground lying next the harbour, and the erection of buildings on the part of which nearest the harbour would shut off the remainder from its frontage to the harbour. In the course of an arbitration to fix the compensation payable to the proprietor, the trustees put in a minute agreeing that the conveyance to be granted by the proprietor should be qualified by a declaration that they should not erect sheds or warehouses on the ground, and should form and maintain a road adjoining the remainder of the proprietor’s ground.
Held: (aff. judgment of Court of Session) that the trustees being entitled under their statutes to erect warehouses, and co, on the ground if the public advantage required it, and to a full use of the ground for the purposes of the harbour, could not bind their trust to a restricted use of it, and therefore that the proprietor was entitled to compensation on the footing that the ground was acquired absolutely, and that the frontage might at any time be cut off.

Judges:

Lords Blackburn, Watson, and Fitzgerald

Citations:

[1883] UKHL 873, 20 SLR 873

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 30 June 2022; Ref: scu.636766

Sir A D Stewart v Kennedy and Others: HL 17 Feb 1890

Entail – Sale of Entailed Estate ‘subject to Ratification of Court’ – Contract – Alleged Misunderstanding of Conditions – Specific Performance – Entail Amendment Acts 1848 (11 and 12 Vict. c. 36), sec. 4; 1853 (16 and 17 Vict. c. 94), sec. 5; 1875 (38 and 39 Vict. c. 61), secs. 5 and 6 – Entail Act 1882 (45 and 46 Vict. c. 53), secs. 13, 19, 20, 21, and 22.

Judges:

Lords Herschell, Watson, and Macnaghten

Citations:

[1890] UKHL 386

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.636726

Cdc2020 Plc v Ferreira: CA 5 May 2005

Citations:

[2005] EWCA Civ 611

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Harris v Flower CA 1904
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 June 2022; Ref: scu.226146

Land and Property Ltd v Restormel Borough Council: LT 9 Aug 2004

LT COMPENSATION – modification of planning permission by deletion of retail use from permitted development – depreciation in land value – no approval of reserved matters at valuation date – basis of valuation – whether it is to be assumed that approval granted – compensation for depreciation in land value, andpound;1,586,000 – abortive costs – professional fees – Town and Country Planning Act 1980, ss 73, 107(1)(2), 117(1); Land Compensation Act 1961, section 5.

Citations:

[2004] EWLands LCA – 47 – 2002

Links:

Bailii

Statutes:

Land Compensation Act 1961 5

Citing:

Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
Lists of cited by and citing cases may be incomplete.

Planning, Land

Updated: 30 June 2022; Ref: scu.225811

Garrod v London Borough of Newham: LT 20 Apr 2005

LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000

Citations:

[2005] EWLands ACQ – 96 – 2002

Links:

Bailii

Statutes:

Housing Act 1985 17, Land Compensation Act 1961

Land

Updated: 30 June 2022; Ref: scu.225845

Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004

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 to build a house. The development had proceeded without obtaining a modification. High Court proceedings for breach of the covenant were adjourned, at the appeal stage, to allow an application to the tribunal under section 84. The principle of modification was agreed, so that the only issue was compensation. The main issues were, first, the impact of the development on the objector’s property, and, secondly, whether she was entitled to compensation assessed, as she claimed, on the negotiated share basis.
Held: The President described the impact on her plot as ‘minimal’, and concluded that there should be no compensation.

Citations:

[2004] EWLands LP – 34 – 2003

Links:

Bailii

Statutes:

Law of Property Act 1925

Jurisdiction:

England and Wales

Citing:

Cited – Stokes v Cambridge Corporation LT 1961
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership.
Held: When . .

Cited by:

Cited – Winter and Another v Traditional and Contemporary Contracts Ltd CA 7-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 . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 30 June 2022; Ref: scu.225825

Felton Homes Ltd, Re Law of Property Act 1925: LT 2 Dec 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 – whether restriction obsolete – whether grant of application would result in break-down in system of covenants – Law of Property Act 1925, s.84(1)(a)(aa)(c).

Citations:

[2004] EWLands LP – 3 – 2003

Links:

Bailii

Statutes:

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

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225827

Turner and Another, Re: LT 7 Mar 2005

LT RESTRICTIVE COVENANT – modification – restrictions limiting development on plot to one dwellinghouse and preventing building on specified part of site – application to amend to permit house in part of rear garden and to carry out building works on prohibited area – whether injury to objectors – Law of Property Act 1925, s.84(1) (aa) and (c).

Citations:

[2005] EWLands LP – 45 – 2003

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225841

Dutton and Another v Blaby District Council: LT 17 May 2005

COMPENSATION – purchase notice – derelict land, formerly containing dwellinghouse – residential use abandoned – whether Third Schedule right to rebuild also abandoned – effect on value of absence of access for vehicles and to services.

Citations:

[2005] EWLands ACQ – 132 – 2004

Links:

Bailii

Citing:

Cited – Stokes v Cambridge Corporation LT 1961
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership.
Held: When . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 June 2022; Ref: scu.225852

Yorkshire Water Services Ltd v Coal Authority: LT 3 Feb 2004

LT Compensation – Mining subsidence – Coal Mining Subsidence Act 1991, ss.9, 13 and 44(2) – Limitation period for making Reference – When obligation to make payment in lieu of works arises – When ‘expenditure incurred’

Citations:

[2004] EWLands LCA – 145 – 2002

Links:

Bailii

Statutes:

Coal Mining Subsidence Act 1991

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225793

Burns and Another v Kirby and Another: LT 31 Oct 2003

LT EASEMENT – application for statutory easement for vehicular access to premises – Vehicular Access Across Common and Other Land (England) Regulation 2002 – use of bridleway for access by vehicles – evidence showing that prescriptive easement would have arisen if use not unlawful – held no statutory easement could be acquired where way is a bridleway

Citations:

[2003] EWLands REF – 04 – 2003

Links:

Bailii

Statutes:

Vehicular Access Across Common and Other Land (England) Regulation 2002

Land

Updated: 30 June 2022; Ref: scu.225769

Harrold and Another, Re Law of Property Act 1925: LT 27 Oct 2003

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 Property Act 1925 84(1)(a)

Land

Updated: 30 June 2022; Ref: scu.225774

Joyce and Another, Re: LT 8 Dec 2003

LT RESTRICTIVE COVENANTS – restrictions to single dwellinghouse and against developing part of site – application to discharge or modify the restrictions so as to permit development with additional house, part of which would encroach onto the prohibited area – whether practical benefits of substantial value or advantage secured by restrictions – whether any injury caused – application for modification but not discharge granted – compensation totalling andpound;32,650 awarded – Law of Property Act 1925, s84(1)(aa) (1A) and (c).

Citations:

[2003] EWLands LP – 13 – 2002

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225782

Brunt and others v Southampton International Airport Ltd: LT 19 Dec 2003

LT COMPENSATION – Land Compensation Act 1973 Part I – aerodrome – substantial alterations to aprons – whether purpose or main purpose the provision of facilities for a greater number of aircraft – held that it was not – 1973 Act section 9(6)

Citations:

[2003] EWLands LCA – 225 – 2001

Links:

Bailii

Statutes:

Land Compensation Act 1973

Land

Updated: 30 June 2022; Ref: scu.225780

Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed

Citations:

[2004] EWLands LRX – 33 – 2003

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 18, Law of Property Act 1925 146

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225787

Christos and Another v Secretary of State for the Environment, Transport and the Regions: LT 11 Nov 2003

LT COMPULSORY PURCHASE – Compensation – dwellinghouse and adjoining land – whether property value agreed – whether acquiring authority estopped from denying that the value is the ‘agreed’ figure – whether damage to property after valuation date to be reflected in compensation – whether claimants’ company suffered loss as a result of compulsory acquisition – whether surveyors’ fees should be limited to Ryde’s scale (1996) – other detailed disturbance items considered – compensation awarded andpound;618,945.

Citations:

[2003] EWLands ACQ – 69 – 2001

Links:

Bailii

Citing:

See Also – The Secretary of State for Transport v Christos, Christos CA 25-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 30 June 2022; Ref: scu.225776

Wealden Land Ltd v Naylor-Perrott and others: LT 28 Jan 2004

LT Restrictive Covenants – Entitlement to benefit – Building Scheme – No evidence of notice of common understanding — Exclusion of benefit of covenant in later conveyances – Effect on subsequent purchasers – Law of Property Act 1925 S.78 – Costs on Preliminary issue.

Citations:

[2004] EWLands LP – 8 – 2003

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225789

Fattal and Another v Possessions Revenues and Goods of the Free Grammar School of John Lyon: LT 5 Dec 2003

LT LEASEHOLD ENFRANCHISEMENT – price payable for freehold interest – valuation methodology – tenants’ improvements – treatment of development value – comparables – Leasehold Reform Act 1967 section 9(1A)(d) – appeal allowed in part – enfranchisement price andpound;1,941,655.

Citations:

[2003] EWLands LRA – 21 – 2002

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225781

Ocean Leisure Ltd v Westminster City Council: LT 31 Dec 2003

LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held claimant entitled to compensation for any diminution in rental value.

Citations:

[2003] EWLands LCA – 30 – 2003, [2004] R and VR 145

Links:

Bailii

Statutes:

Compulsory Purchase Act 1965 10

Jurisdiction:

England and Wales

Cited by:

Appeal from – Westminster City Council v Ocean Leisure Limited CA 21-Jul-2004
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works.
Held: The state of the law was complicated and . .
Cited – Logan v Scottish Water OHCS 1-Nov-2005
. .
Cited – Moto Hospitality Ltd v Highways Agency LT 28-Jul-2006
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – . .
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 30 June 2022; Ref: scu.225783

Mean Fiddler Holdings Ltd v London Borough of Islington: LT 9 Sep 2003

LT COMPENSATION – Compulsory Purchase – Agreed statement of facts for preliminary issue – Whether binding in further hearing – Issue estoppel – Abuse of process – Tribunal’s implicit power to prevent abuse of process – Failure to raise issue at appropriate time – No impropriety or harassment – Whether raising matter after preliminary issue determined necessarily an abuse

Citations:

[2003] EWLands ACQ – 29 – 2001

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225766

Brown v Bridgnorth District Council: LT 6 Nov 2002

LT COMPENSATION – compulsory acquisition of house in disrepair – value in good repair – comparables – cost of repairs – estimate – builder’s tender – home loss payment – jurisdiction of Lands Tribunal – surveyor’s fees

Citations:

[2002] EWLands ACQ – 63 – 2002

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225718

Faraday v Carmarthenshire County Council: LT 24 Jul 2003

LT COMPULSORY PURCHASE – compensation – estate agent’s office and general offices above – valuation of freehold – whether direct to freehold value or by capitalising rental value – whether disturbance compensation based on assumed relocation of business or lengthy profit losses followed by total extinguishment of business – whether claimant took reasonable steps to mitigate loss – whether adjustments should be made to accounts of business conducted in freehold premises to reflect property’s rental value when assessing loss of profits incurred prior to acquisition and loss on extinguishment of goodwill – assessment of interest on pre-valuation date losses – compensation of andpound;354,111 awarded, exclusive of certain interest to be agreed or determined.

Citations:

[2003] EWLands ACQ/84/1997

Links:

Bailii

Statutes:

Land Tribunal Act 1949

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225749

Hamden Homes Ltd, Re: LT 12 Dec 2001

RESTRICTIVE COVENANT – restriction to one dwelling house per plot – application to amend this limitation to permit erection on one plot of detached and two semi-detached houses, possibly as part of a larger development – not all proposed development site owned by applicant – whether proposed use reasonable – whether restriction obsolete – whether injury to objectors – application refused – Law of Property Act 1925, s84(1)(a)(aa)(c)

Citations:

[2001] EWLands LP – 38 – 1999

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225692

Colneway Ltd v Environment Agency: LT 16 Jun 2003

LT COMPULSORY PURCHASE – compensation – mineral-bearing agricultural land – land acquired to provide flood relief channel – whether statutorily assumed planning permission restricts right to extract minerals to acquiring authority only – prospects of extracting minerals in no scheme world from land taken and retained land – whether value of minerals to be assumed by uplift to agricultural value or adjusted quarry valuation – whether claimant’s retained land suffered severance or injurious affection – compensation awarded andpound;131,478 – Land Compensation Act 1961 s 15

Citations:

[2003] EWLands ACQ – 70 – 2002

Links:

Bailii

Statutes:

Land Compensation Act 1961 15

Land

Updated: 30 June 2022; Ref: scu.225744

Optical Express (Southern) Ltd v Birmingham City Council: LT 27 Aug 2003

LT PRACTICE – compensation for compulsory purchase – admissibility of fax letter marked without prejudice and accompanying claim and trading figures – whether negotiations in progress – whether trading figures inadmissible or factual material – held whole document inadmissible. Application for leave to lodge particularised claim with consequential directions allowed on terms of costs.

Citations:

[2003] EWLands ACQ – 109 – 2002

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225762

Ryde International Plc v London Regional Transport: LT 4 Dec 2002

COMPENSATION – Compulsory acquisition of a development of flats and bungalows, constructed as sheltered accommodation for the elderly – open market value – whether units would have been sold individually or to a single purchaser – assessment of holding costs – interim decision – compensation awarded pounds 2,060,000

Citations:

[2002] EWLands ACQ – 147 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225722

Broomhead and Others, Re Law of Property Act 1925: LT 13 Mar 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 but not discharge granted – nil compensation payable – Law of Property Act 1925, s.84(1)(a), (aa)(1A) and (c)

Citations:

[2003] EWLands LP – 7 – 2001

Links:

Bailii

Statutes:

Law of Property Act 1925 84(1)(a)

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225735

Halil v London Borough of Lambeth: LT 2 Mar 2001

LT COMPENSATION – compulsory acquisition of leasehold shop and premises – total extinguishment of business – disturbance – analysis of accounts – treatment of wife’s earnings – depreciation of capital assets – multiplier – Land Compensation Act 1961 s1 – Award: andpound;73,176.

Citations:

[2001] EWLands ACQ – 105 – 1999

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Perezic v Bristol Corporation 1955
In calculating compensation on a compulsory purchase, there should be no deduction from notional profit to reflect the ‘wages’ of the proprietor of a business operated by a sole trader. . .
Cited – Klein v London Underground 1996
On the compulsory purchase of a hairdresser’s business, the tribunal adopted a three years’ purchase basis. . .
Cited – Sceneout Ltd v Central Manchester District Council 1995
The tribunal calculated compensation in a total extinguishment by reference to the value to the owner. In this case a multiplier of just under two was used. . .
Cited – Zarraga v Newcastle upon Tyne Corporation 1968
‘in assessing the business profits, no deduction should be made in respect of ‘wages’ of the claimant’s wife, notwithstanding a figure in respect thereof had been allowed for income tax purposes, since the wife could not fairly be classed as a ‘paid . .
Cited – Afzal v Rochdale Metropolitan Borough Council 1980
. .
Cited – Longbottom and Longbottom v Bingley Urban District Council LT 1974
When calculating compensation on the compulsory purchase of property occupied by a partnership, an allowance should be made for managerial or supervisory wages by adding back the wages or drawings of both partners to the average net profits for . .
Cited – Appleby v Ireland 1978
‘the multiplier that has come to be regarded as fair and reasonable as between a dispossessed trader and an acquiring authority is 3YP of ascertained net profit, assuming the business to have been trading at a steady level of profitability and from . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 June 2022; Ref: scu.225639

Mills and Allen Ltd v Commission for New Towns: LT 20 Feb 2001

LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – advertisement site – claimant’s right to occupy terminating on disposal of land – land acquired by urban development corporation – hoardings removed by corporation – whether claimant displaced in consequence of acquisition – whether corporation an authority possessing compulsory purchase powers – held claimant entitled to compensation

Citations:

[2001] EWLands LCA – 144 – 2000

Links:

Bailii

Statutes:

Land Compensation Act 1973 37

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225636

Re Marcello Developments Ltd: LT 30 Mar 2001

LT RESTRICTIVE COVENANT – restrictions in 7 conveyances including restrictions of frontage, building line and use – site developed with flats in breach of restriction – discharge and modification sought to enable redevelopment with flats and houses – effect of High Court declaration on enforceability – grounds (a), (aa), (b) and (c) – discharge and modification – sums of pounds 2,500 to be paid to owners of each of 8 houses with benefit of restrictions

Citations:

[2001] EWLands LP – 31 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225643

Ryde International Plc v London Regional Transport: LT 12 Feb 2001

Land Compensation Act 1961, s.5 rule 6 – Claim for ‘holding costs’ on property rendered unsaleable by threat of acquisition -Loss to take account of movement in market and rent received – Effect of overall blight arising from scheme distinguished.

Citations:

[2001] EWLands ACQ – 147 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225637

In re Farrow: LT 10 May 2001

LT RESTRICTIVE COVENANT – restriction to single storey dwelling – application to remove this limitation – proposed house – applicant the original covenantor – effect of possible refusal of planning permission for bungalow – changes in neighbourhood and property – benefits secured to objector – public interest – whether agreement to modify – injury to objector – application refused – applicant’s application to adjourn refused – Law of Property Act 1925, s.84(1)(a)(aa)(b)(c)(1A)(1B).

Citations:

[2001] EWLands LP – 18 – 2000

Links:

Bailii

Land

Updated: 30 June 2022; Ref: scu.225652

Adam v Woking Borough Council: LT 7 Feb 2000

COMPENSATION – Disturbance – rehousing following Closing Order – claim for disputed items – kennelling costs – loss of garden equipment and plants, cooker and fridge, use of garage – loss on forced sale of car – temporary accommodation — increased travel costs – interest on loans – expenses – Land Compensation Act 1973 Section 38. Compensation of pounds 400 awarded.

Citations:

[2000] EWLands LCA – 88 – 1999

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225567

Bhattacharjee v Blackburn with Darwen Borough Council: LT 30 Mar 2000

LT COMPENSATION – limitation – Compulsory Purchase (Vesting Declarations) Act 1981 section 10(3) – advance payment and negotiations on disturbance compensation after 6 years – whether waiver or estoppel prevented acquiring authority from relying on limitation – held that it did not

Citations:

[2000] EWLands ACQ – 10 – 1999

Links:

Bailii

Land, Damages

Updated: 30 June 2022; Ref: scu.225577

Citypark Properties Ltd v Bolton Metropolitan Borough Council: LT 6 Sep 2000

LT COMPENSATION – preliminary issue – Highways Act 1980 s 73 – claim for compensation for injurious affection as result of improvement line – whether entitlement to compensation – held no improvement line prescribed by compensating authority – no entitlement to compensation

Citations:

[2000] EWLands ACQ – 76 – 2000

Links:

Bailii

Statutes:

Highways Act 1980 73

Land

Updated: 30 June 2022; Ref: scu.225610

Clarke v Highways Agency: LT 10 Jan 2000

COMPENSATION – claim under Part 1 of Land Compensation Act 1973 – residential dwelling- injurious affection- effects of noise, vibration, smell, fumes and the discharge on to the land of liquid substances, following construction of a new road bridge adjacent to the property. Compensation awarded andpound;600.

Citations:

[2000] EWLands LCA – 92 – 1999

Links:

Bailii

Statutes:

Land Compensation Act 1973

Land

Updated: 30 June 2022; Ref: scu.225558

Walker and Partners Ltd v Coal Authority: LT 12 Dec 2000

LT COAL MINING SUBSIDENCE – commercial and industrial premises – extent of damage – cost of repair- depreciation – Coal Mining Subsidence Act 1991 s.10 – depreciation andpound;223,000 to be paid with interest from 5 October 199

Citations:

[2000] EWLands LCA – 48 – 1997

Links:

Bailii

Statutes:

Coal Mining Subsidence Act 1991 10

Land

Updated: 30 June 2022; Ref: scu.225628

Ryde International Plc v London Regional Transport: LT 12 Feb 2000

LT COMPENSATION – Compulsory acquisition of a development of flats and bungalows, constructed as sheltered accommodation for the elderly – open market value – whether units would have been sold individually or to a single purchaser – assessment of holding costs – interim decision – compensation awarded andpound;2,060,000

Citations:

[2000] EWLands ACQ – 147 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225573

Sita v Surrey County Council: LT 8 Jan 2001

COMPENSATION – preliminary issue – limitation – reference made more than 6 years after entry – whether acquiring authority prevented by election or promissory estoppel from relying on limitation defence – held facts not establishing election or promissory estoppel

Citations:

[2001] EWLands ACQ – 129 – 1999

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225631

London Borough of Wandsworth v Griffin and Another: LT 27 Mar 2000

LT SERVICE CHARGE – Landlord and Tenant Act 1985 s19 – Block of flats forming part of local authority estate – replacement of flat roof with pitched roof – replacement of metal framed windows with uPVC double glazed windows – whether costs reasonably incurred – cost in use calculations indicated proposed works offered better value for money over life of building – Decision: cost of such works reasonably incurred – appeal allowed.

Citations:

[2000] EWLands LRX – 40 – 1999

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 June 2022; Ref: scu.225583

Lillis v North West Water Ltd: LT 16 Mar 2000

LT COMPULSORY PURCHASE – Compensation – laying of water main in private land – Water Industry Act 1991 – claim withdrawn – costs – claimant to pay compensating authority’s costs of reference in all but preliminary issue (no award) and Order of 8 February 2000 (compensating authority to pay).

Citations:

[2000] EWLands LCA – 131 – 1997

Links:

Bailii

Statutes:

Water Industry Act 1991

Land, Utilities

Updated: 30 June 2022; Ref: scu.225582

Dillwyn v Llewelyn: ChD 12 Jul 1862

The father thought he had given his younger son land in Wales, in signing a memorandum and presenting it to him ‘for the purpose of furnishing himself with a dwelling-house’. The memorandum was not by deed. The son built his home on the land. When the father died, the elder son disputed his brother’s title.
Held: The Master of the Rolls said younger son was entitled to a life interest. Lord Westbury LC allowed the younger son’s appeal, saying: ‘About the rules of the Court there can be no controversy. A voluntary agreement will not be completed or assisted by a Court of Equity, in cases of mere gift. If anything be wanting to complete the title of the donee, a Court of Equity will not assist him in obtaining it; for a mere donee can have no right to claim more than he has received. But the subsequent acts of the donor may give the donee that right or ground of claim which he did not acquire from the original gift . . so if A puts B in possession of a piece of land, and tells him, ‘I give it to you that you may build a house on it,’ and B on the strength of that promise, with the knowledge of A, expends a large sum of money in building a house accordingly, I cannot doubt that the donee acquires a right from the subsequent transaction to call on the donor to perform that contract and complete the imperfect donation which was made. The case is somewhat analogous to that of verbal agreement not binding originally for the want of the memorandum in writing signed by the party to be charged, but which becomes binding by virtue of the subsequent part performance.’ The Lord Chancellor awarded the younger son the fee simple since ‘no one builds a house for his own life only.’

Judges:

The Lord Chancellor Lord Westbury

Citations:

[1862] EWHC Ch J67, [1862] 45 ER 1284, (1862) 4 De GF and J 517, [1862] EngR 908, (1862) 4 De G F and J 517, (1862) 45 ER 1285

Links:

Bailii, Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Lists of cited by and citing cases may be incomplete.

Land, Equity, Estoppel

Leading Case

Updated: 30 June 2022; Ref: scu.245427

Jones v Scott: ChD 17 Nov 2006

The claimant asserted a right of way over neighbouring land, acquired by prescription. The defendant disputed that twenty years use could be shown.
Held: The claimant had failed to discharge the burden of proof as to the historical existence of the hard standing over which the right was claimed.

Judges:

Silber J

Citations:

[2006] EWHC 2908 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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, . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 30 June 2022; Ref: scu.246078

Hyde v Wrench: ChD 8 Dec 1840

The defendant offered to sell his land to the plaintiff for 1000 pounds. The plaintiff counter-offered 950 pounds, which was rejected. The plaintiff then said that he accepted the original offer.
Held: Lord Langdale MR said: ‘there exists no valid binding contract between the parties for the purchase of the property. The Defendant offered to sell it for 1000 pounds, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract; instead of that, the Plaintiff made an offer of his own, to purchase the property for 950 pounds, and he thereby rejected the offer previously made by the Defendant. I think that it was not afterwards competent for him to revive the proposal of the Defendant, by tendering an acceptance of it; and that, therefore, there exists no obligation of any sort between the parties.’

Judges:

Langdale MR

Citations:

[1840] EWHC Ch J90, (1840) 49 ER 132, [1840] EngR 1054, (1840) 3 Beav 334

Links:

Bailii, Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Gibson v Manchester City Council HL 8-Mar-1979
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 . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 30 June 2022; Ref: scu.245421

Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005

The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years.
Held: After serving a notice to quit the owner did not take any further steps to obtain possession, even after Mr Taylor had moved back into the farmhouse in February 1986: ‘In my judgment, although it may not be possible to point to some overt act by the Estate from which permission can be inferred, the matters relied upon by Mr Morshead certainly constitute demonstrable circumstances from which the inference can be made… Further, it is clear that a reasonable person (who must be assumed to have knowledge of the material facts) would have appreciated that Mr Taylor’s occupation was with the permission of the Estate.’
and ‘A permission to occupy land can only be implied if it is communicated by words or conduct. At all events in the context of adverse possession, that submission cannot be correct. Once communicated, the permission would cease to be implied and become express. The concept of a communicated implied permission is difficult, if not impossible, to comprehend.’

Judges:

Sir Martin Nourse, Gage and Pill LLJ

Citations:

[2005] EWCA Civ 489, [2005] EGLR 12

Links:

Bailii

Statutes:

Limitation Act 1980 Sch 1 8(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Hicks Developments Ltd v Chaplin and others ChD 5-Feb-2007
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The . .
Cited – Totton and Eling Town Council v Caunter and Another ChD 11-Jun-2008
The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents.
Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation

Updated: 29 June 2022; Ref: scu.224499

Scammell and others v Dicker: CA 14 Apr 2005

The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. There was no authority for declaring a consent order void. To be avoided it would have to be legally or practically impossible to give to the agreement any sensible content. The Scammells had not done anything to challenge the order and not sought to try to clarify the order but had sought straight away to have it set aside. It was clear that this was mere regret at their bargain.

Judges:

Ward, Rix LJJ

Citations:

[2005] EWCA Civ 405, Times 27-Apr-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Scammell and Nephew Ltd v HJ and JG Ouston HL 1941
There was an agreement for a purchase on ‘hire-purchase terms’ It was challenged as being too uncertain.
Held: There were many possible forms of such an agreement. The agreement was void for uncertainty. Lord Wright: ‘There are in my opinion . .
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .

Cited by:

See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 29 June 2022; Ref: scu.224255

Johnson Security Ltd v Orchard Trading Estate Management Ltd: CA 26 Mar 2002

The appellant owned a freehold property on an industrial estate. The land was subject to a rentcharge under which the rent charge owner sought to recover costs of the management of the estate. The appellant said that the charges failed since they sought recovery for payment of the costs of maintenance, and of rating liability of the common parts of the estate, and so were not exclusively for the benefit of the land charged, and were not reasonable.
Held: Under the 1977 Act, estate rentcharges could still be created. It was in the interests of the several plots on the estate, that the common parts were maintained, and the rates paid. The rentcharge fell within the exemption, and was reasonable, since it sought to recover no more than the costs incurred.

Judges:

Lord Justice Peter Gibson

Citations:

Gazette 25-Apr-2002, [2002] EWCA Civ 406, [2002] 18 EG 155

Links:

Bailii

Statutes:

Rentcharges Act 1977 2(3)(c)

Jurisdiction:

England and Wales

Land, Rating

Updated: 29 June 2022; Ref: scu.170022

Broadwick Financial Services Limited v Spencer, Spencer: CA 30 Jan 2002

The respondents appealed an order for possession under a legal charge which they argued was an extortionate credit bargain, and had been improperly executed and was unenforceable. The appellants were ‘non-status borrowers’.
Held: A concession letter was not intended to over-ride other clear descriptions of the appellant’s obligations. The judge had compared the interest rate charged with other rates charged to non-status borrowers, rather than with interest rates at large. That was correct for this particular market. The interest rates were not extortionate, and nor did the right to vary the interest rate contradict fair dealing. The redemption calculation was based upon the rules. The rules had been criticised, but the clause was common, and not extortionate for the time. ‘The cap imposed by the administrative agreements has not operated in an extortionate way, because the margins between the Halifax rate, for example, and the Claimants are not so wide as to be capable of being categorised as harsh and oppressive within the ambit of Section 138.’ Appeal refused.

Judges:

Lord Justice Auld, Lord Justice Robert Walker, And, Lord Justice Dyson

Citations:

Gazette 15-Mar-2002, [2002] EWCA Civ 35, [2002] 1 All ER 446

Links:

Bailii

Statutes:

Consumer Credit Act 1974 138, Consumer Credit (Agreements) Regulations 1983 60(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Paragon Finance Plc v Pender and Another CA 27-Jun-2005
The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio . .
Lists of cited by and citing cases may be incomplete.

Consumer, Land

Updated: 29 June 2022; Ref: scu.167538

Fleming v Newport Railway Co: HL 19 Mar 1883

Superior and Vassal – Feucontract – Railway – Access – Railway Clauses Act 1845 (8 and 9 Vict. c. 33), sec. 6
A railway company having obtained an Act enabling them to pass through certain lands, served a statutory notice to take part of a field which the proprietor was engaged in feuing. Before the notice was served the proprietor had granted a feu of part of the field as laid down on a plan referred to, ‘with free ish and entry thereto by the streets laid down on said plan, but in so far only as the same may be opened and not altered in virtue of the reserved power after mentioned,’ which reserved power was ‘full power and liberty to vary and alter the said plan or streets or roads delineated thereon, in so far as regards the ground not already feued, in such manner as they shall think fit.’ The railway was not formed for five years after this feu was granted, during which time there was an access for carts across the part of the field on which the railway was to be formed, but there was no road. When the railway was formed the vassal claimed compensation under section 6 of the Railway Clauses Consolidation Act 1875, on the ground that the operations, though they did not touch his feu, were injurious, as they cut off the existing access and prevented the superior from making the roads he was bound to make under the feucharters. Held ( dub. Lord Chancellor) ( aff. judgment of First Division) that as the superior was not bound under the feucontract to construct a road, the vassal had no claim under section 6 of the Act against the company.
Observed ( per Lord Watson) that if the vassal’s feuright had conferred a right to have the street opened up at a future date, the superior’s reservation of power to alter the feuing plan would have afforded the company no answer to the vassal’s claim for compensation.

Judges:

Lord Chancellor, Lords Blackburn, Watson, and Fitzgerald

Citations:

[1883] UKHL 536, 20 SLR 536

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 29 June 2022; Ref: scu.636761

M’Inroy v The Duke of Athole: HL 2 Jul 1891

Servitude – Road – Right-of-Way – Occasional Use – Use for Sport.
In an interdict against the use of a path through a mountain pass the respondent proved that for more than forty years he and his predecessors had used the path as a convenient short cut in passing from one part of their shooting to another. This use was only occasional-extending to ten or twelve times a-year-and was only made late in the shooting season. Between 1846 and 1878 the path was scarcely used by the respondent. Although this use by the respondent was known to the complainer’s foresters, there was no evidence that it had been under the immediate observation of the complainer or his ancesters except on one occasion in 1857 when the use was challenged.
Held ( aff. the decision of the Second Division) that there had been no use to support a claim on the part of the respondent to a servitude right-of-way. This case is reported ante, vol. xxvii. p. 341, and 17 R. 456.

Judges:

Earl of Selborne and Lords Watson and Bramwell

Citations:

[1891] UKHL 925

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 29 June 2022; Ref: scu.636782

Constandas v Constandas, Trovao, Constandas (Costs : Liability After Adverse Decision): FTTPC 10 Jul 2018

Applicant alleged that his son, the Respondent, had forged his signature on the transfer of a house. Alternatively, if he had signed it, it was void by reason of non est factum alternatively voidable as an unconscionable bargain. Held that Applicant lacked any credibility in his written evidence or in the witness box. However, also held that Respondent had relied upon transcripts of telephone conversations with Applicant which were concocted, so no order for costs made.

Citations:

[2018] UKFTT 443 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 29 June 2022; Ref: scu.623854