The right to take-off and land airplanes on an airfield enabled the dominant owners to step in and mow the field sufficient to create and maintain runways when the servient owners discontinued its use as an airfield. This was held not to amount to an ouster.
[1976] 1 Ch 13
England and Wales
Citing:
See Also – Dowty Boulton Paul Ltd v Wolverhampton Corporation 1971
An order was sought to require the defendant tenants to keep an airfield open as a going concern.
Held: The order was refused. Pennycuick V-C said: ‘It is very well established that the court will not order specific performance of an . .
Cited by:
Cited – Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council CA 18-Feb-2020
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Cited – Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Others SC 14-Nov-2018
A substantial historic estate had been divided. A development of one property was by way of leasehold timeshare properties enjoying rights over the surrounding large grounds with sporting facilities. A second development was created but wit freehold . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.648250
