The court was asked whether a lease constituted an incumbrance on a title: ‘In the first place, I am not satisfied that a lease was an incumbrance to these parties. It is true that in certain circumstancess a lease may be regarded as an incumbrance, but it seems to me that an incumbrance, normally, is something in the nature of a mortgge and not something in the nature of a lease or tenancy.’
Judges:
Danckwerts J
Citations:
[1958] 1 All ER 126, [1958] 1 WLR 148
Jurisdiction:
England and Wales
Cited by:
Cited – Belvedere Court Management Ltd v Frogmore Developments Ltd CA 24-Oct-1995
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party.
Held: The agreements were upheld, and . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Land
Updated: 23 November 2022; Ref: scu.245012
