Dartmouth Court Blackheath Ltd v Berisworth Ltd: ChD 27 Feb 2008

Tenants asserted a right of first refusal under the 1987 Act on a proposed disposal of the freehold.

Mr Justice Warren
[2008] EWHC 350 (Ch), [2008] 2 EGLR 141, [2008] 1 P and CR DG23, [2008] L and TR 12, [2008] NPC 25, [2008] 2 P and CR 3, [2008] 9 EG 200 (CS)
Bailii
Landlord and Tenant Act 1987 Part 1
England and Wales
Citing:
CitedGovernors of St Thomass Hospital v Charing Cross Railway Company 6-Mar-1861
Where persons under disability are served with a notice, under the Lands Clauses Act, to take part of a house and premises, they are able to sell under the 92d section, and may require the company to take the whole house, and co, although it may not . .
CitedMethuen-Campbell v Walters CA 1978
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately . .
CitedKay-Green and Others v Twinsectra Limited CA 15-May-1996
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell . .
CitedDenetower Ltd v Toop CA 1991
The tenants sought to acquire the freehold under the Act. The landlord sought to exclude the gardens and other appurtenancies.
Held: They had been included in the demise of the flats and were to be included in the title to be purchased. The . .
CitedBernstein of Leigh (Baron) v Skyviews and General Ltd QBD 9-Feb-1977
The plaintiff complained that the defendant had flown over his and neighbouring properties and taken aerial photographs, and said that this was a gross invasion of his privacy, and that the defendant had invaded his airspace to do so. The plaintiff . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 December 2021; Ref: scu.265963