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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Land - From: 1996 To: 1996

This page lists 77 cases, and was prepared on 02 April 2018.

 
Klein v London Underground [1996] RVR 94
1996


Land
On the compulsory purchase of a hairdresser's business, the tribunal adopted a three years' purchase basis.
1 Citers


 
Brown v Heathlands Mental Health National Service Trust [1996] 1 All ER 133
1996


Land

1 Citers


 
Millman v Ellis [1996] 71 P & CR 158
1996
CA
Sir Thomas Bingham MR
Land
The defendant had sold part of his land to the claimant. A right of way was granted over a lane. The purchaser asserted that he had the use of a lay-by on the lane which would otherwise be dangerous. The vendor said the plan did not include a right over the lay-by. Held: The criteria for establishing a quasi-easement were satisfied. Both lane and layby were covered in one unbroken tarmac surace, and the use was therefore continuous and apparent. The contrasting safety with and without the use of the layby was significant. The absence of any specific mention of the layby was not inconsistent with an implied grant. The wording of the grant did not exclude such an implied right.
1 Cites

1 Citers


 
Targett and Targett v Ferguson and Diver (1996) 72 P & CR 114
1996

Sir John Balcombe
Land
The common intention of the parties to a contract is to be construed objectively. The objective test to be satisfied is, what would the reasonable layman think he was buying?
1 Cites

1 Citers


 
Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd [1996] Ch 307
1996

Timothy Lloyd QC
Contract, Land
The issue was the proper construction and effect of condition 6.8 of the Standard Conditions of Sale, 2nd edition, in relation to the giving of a notice to complete a contract for the sale of land. Held: The condition provided exclusively for the circumstances in which a notice to complete could be given in respect of a contract which incorporated the terms of the Standard Conditions of Sale, 2nd edition, and that any right at common law to serve a notice to complete was thereby excluded.

The contract also purported to exclude section 49(2). The vendor failed to complete, but sought not to return the deposit. The judge said: "It is a startling proposition that, by excluding that section in relation to the contract, the purchaser has prevented itself from obtaining repayment of the deposit even if the vendor has been flagrantly in breach of the contract and the purchaser has not. It also seems curious, in relation to that submission, that under the contract in this case the vendor's solicitors hold the deposit as stakeholder, since that clearly implies that there could be circumstances in which they would have to pay the deposit back to the purchaser rather than account for it to their client the vendor.
The answer to this contention is to be found in the judgment of Mr. Gerald Godfrey Q.C. in Dimsdale Developments (South East) Ltd. v. De Haan, 47 P. & C.R. 1. He held that the vendor's notice to complete was validly served but, despite that, the purchaser sought the return of the deposit under section 49(2). He therefore had to consider the ambit of the subsection in the light of a number of decided cases. Before doing that he made the following observations of general relevance: "It is to be observed that a purchaser has no need to pray this subsection in aid when it is not he but the vendor who is the defaulter. The subsection is needed only to enable a purchaser who is himself in default to recover his deposit."
He consideralso circumstances in which the court might conclude that even though the purchaser was in default the justice of the case might require that the deposit be repaid to the purchaser. It is that jurisdiction which, it seems to me, is excluded by the special condition in this contract."
Law of Property Act 1925 49(2)
1 Cites

1 Citers


 
Habermehl v Attorney General [1996] EGCS 148
1996

Rimer J
Land, limitation
Land was granted for use as a school for the education of poor persons in accordance with the principles of the National Society. In 1876 the school had become a "provided school" run by a School Board under the Education Act 1870. That meant that, by virtue of section 14(2) of the Act, no "religious catechism or religious formulary distinctive of any particular denomination" could be taught in the school. Teaching could therefore no longer be in accordance with the Anglican principles of the National Society. Counsel agreed that Warrington J had decided that the purposes mentioned in the Act meant the purposes mentioned in the deed. Held: A reverter had taken place in 1876.
1 Cites

1 Citers


 
Regina v Secretary of State for the Environment, ex parte Andrews (1996) 71 P and CR 1
1996
Admn
Schiemann J
Land

1 Citers


 
Payne v Inwood (1996) 74 P & CR 42
1996
CA
Roch LJ
Land
A claim for an easement based upon section 62 of the 1925 Act failed. There had not been regular use of the path in question with the putative dominant tenement to gain access to it. Roch LJ said: "Section 62 of the 1925 Act cannot create new rights where there has been no actual enjoyment of a facility, call it a liberty, privilege, advantage, easement or quasi-easement, by the owner or occupier of the dominant tenement over the servient tenement. If there is a quasi-easement, in that there is evidence of user or a physical state of affairs which indicates the existence of a quasi-easement, then section 62 can operate to convert that into an easement."
Law of Property Act 1925 62
1 Cites

1 Citers


 
Briggs v McCusker [1996] 2 EGLR 197
1996

Judge Rich QC
Land
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 enforce the covenant against an owner of one of the other subdivided plots.
1 Cites

1 Citers


 
Robins v Berkeley Homes (Kent) Ltd [1996] 2 EGLR
1996


Land
A building scheme applied to land. A development was challenged as being in breach. Held: The defences both of change of character of the neighbourhood and acquiescence both failed, and a final injunction was granted.
1 Citers


 
Porter v Secretary of State for Transport [1996] 3 All ER 693
1996
CA
Stuart Smith LJ
Land, Damages, Estoppel
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held. On a valuation on a compulsory purchase of land, the value is not dependent on findings on probabilities or even that "it could reasonably have been expected that planning permission would be granted".
Stuart Smith LJ set out the four elements for an issue estoppel: "It is common ground that four matters have to be established if there is to be an issue estoppel. "(1) The issue in question must have been decided by a court or tribunal of competent jurisdiction.
(2) The issue must be one which arises between parties who are parties to the decision. This also is accepted.
(3) The issue must have been decided finally and must be of a type to which an issue estoppel can apply.
(4) The issue in respect of which the estoppel is said to operate must be the same as that previously decided." and “Where a court or tribunal has to decide what would have happened in a hypothetical situation which does not exist, it usually has to approach the matter on the basis of assessing what were the chances or prospect of it happening. The chance may be almost a certainty at one end to a mere speculative hope at the other. The value will depend on how good this chance is. Where, however, the court or tribunal has to decide what in fact has happened as an historical fact, it does so on balance of probability; and once it decides that it is more probable than not, then the fact is found and is established as a certainty. This distinction is well illustrated by Davies v Taylor [1972] 3 All ER 836, [1974] AC 207 and Allied Maples Group Ltd v Simmons & Simmons (a firm) [1995] 4 All ER 907, [1995] 1 WLR 1602.,br />It would be unnecessary for the Secretary of State to evaluate the chance of the eastern route being the preferred alternative route in the event that the actual route was not chosen, provided it was more than 50%; but the Lands Tribunal would be concerned in assessing value to evaluate the chances of this happening more precisely.”
Compulsory Purchase Act 1965
1 Cites

1 Citers


 
Re Lee's Application (1996) 72 P & CR 439
1996
LT
Mr Clarke QC
Land
There was a proposal to erect a detached in house in the grounds of a property subject to a 'one house per plot' restriction. The tribunal considered the issue of disturbance: "I do not think that the prevention of a short term interference with the enjoyment of [the neighbouring house] by the stopping of adjoining building works can be a benefit of substantial value or advantage in relation to the long term enjoyment of the property (see Re Kershaw)"
1 Citers


 
United Bank of Kuwait Plc v Sahib and Others Times, 13 February 1996; [1997] Ch 107; [1996] EWCA Civ 1308; [1996] 3 WLR 372; [1996] 3 All ER 215
2 Feb 1996
CA
Peter Gibson, Leggatt, Phillips LJJ
Land, Banking
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been akin to part performance, and was therefore equally inconsistent with the philosophy of the 1989 Act. The rule was in essence that the deposit implied that contract had been created: "The deposit by way of security is treated both as prima facie evidence of a contract to mortgage, and as part performance of that contract." Phillips LJ said: "The clear intent of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 is to introduce certainty in relation to contracts for the disposition of interests in land where uncertainty existed before. Section 2(5) contains a list of contracts expressly excluded from the operation of the section. I can see no basis for implying a further exclusion in respect of contracts for the grant of a mortgage which are secured by a deposit of title deeds."
Law of Property (Miscellaneous Provisions) Act 1989 2 - Statute of Frauds 1677 4 - Law of Property Act 1925 40
1 Cites

1 Citers

[ Bailii ]
 
Sledmore v Dalby [1996] 72 P & CR 196; [1996] CLY 4949; [1996] EWCA Civ 1305
8 Feb 1996
CA
Roch LJ, Hobhouse LJ
Land, Equity
The plaintiff sought possession of a house. She had owned it with her late husband. The defendant lived in and had done much work on the house, but the deceased left it all to the plaintiff and the defendant's wife who had since also died. She sought possession after the defendant paid no rent. At first instance it was held that D had acquired an equitable interest in the house for the repairs and the expectation under the wills. Held: The will created no sufficient legitimate expectation to justify the claim. The plaintiff's and defendants needs had to be balanced, and an equitable remedy should not be used to create an injustice. The plaintiff's need was more pressing. D had lived in the house for 20 years rent free and the equity created by his expenditure had expired.
1 Cites

1 Citers

[ Bailii ]
 
Barclays Bank Plc v Estates and Commercial Limited [1997] 1 WLR 415; [1996] EWCA Civ 1354; (1997) 74 P & CR 30
20 Feb 1996
CA
Millett LJ, Waite LJ, Thorpe LJ
Equity, Land, Contract
Millett LJ discussed the assertion of a vendor's lien where a third party would be adversely affected: "A party with an equitable charge can be taken to agree to the postponement of his property against any party who was allowed to his knowledge to purchase the land on the faith that it is unencumbered." and
"As soon as a binding contract for sale of land is entered into the vendor has a lien on the property for the purchase money and a right to remain in possession of the property until payment is made. The lien does not arise on completion but on exchange of contracts. It is discharged on completion to the extent that the purchase money is paid: In re Birmingham, decd.; Savage v. Stannard [1959] Ch. 523, cited with approval in London and Cheshire Insurance Co. Ltd. v. Laplagrene Property Co. Ltd. [ 1971] Ch. 499 , 514. Even if the vendor executes an outright conveyance of the legal estate in favour of the purchaser and delivers the title deeds to him, he still retains an equitable lien on the property to secure the payment of any part of the purchase money which remains unpaid. The lien is not excluded by the fact that the conveyance contains an express receipt for the purchase money.
The lien arises by operation of law and independently of the agreement between the parties. It does not depend in any way upon the parties' subjective intentions. It is excluded where its retention would be inconsistent with the provisions of the contract for sale or with the true nature of the transaction as disclosed by the documents. It is also excluded where, on completion, the vendor receives all that he bargained for: Capital Finance Co. Ltd. v. Stokes [1969] 1 Ch. 261 and Congresbury Motors Ltd. v. Anglo-Belge Finance Co. Ltd. [1971] Ch. 81. In each of those cases the vendor took a legal charge to secure payment. The unpaid vendor's lien was held to be excluded notwithstanding that the charge later became void for want of registration. In Williams on Vendor and Purchaser , 4th ed. (1936), vol. 2, p. 984, there is a passage which deals with the exclusion of the lien: "The vendor may, however, waive or abandon his lien for the unpaid purchase-money, and his intention to do so may be either expressed or implied from the circumstances of the case."
After dealing with express waiver or abandonment the author continues:
"Where such waiver or abandonment is sought to be implied, the onus lies on those who deny the existence of the lien, which arises by the rule of equity in the absence of stipulation to the contrary; the question is one of the parties' intention, to be determined by the documents they have executed and the circumstances of the case; and the test is, whether they have in effect agreed that the vendor shall have some other security or mode of payment in substitution for his lien."
As the authorities demonstrate the test is an objective one. The question is: what intention is to be attributed to the parties from the transaction into which they have entered? . . "
1 Cites

1 Citers

[ Bailii ]

 
 Barclays Bank Plc v Weeks Legg and Dean; ChD 26-Feb-1996 - Times, 28 February 1996; Ind Summary, 26 February 1996
 
Homsy v Murphy [1996] 73 P&CR 26; (1996) EGCS 43
27 Feb 1996
CA
Beldam, Hobhouse, Aldous LJJ
Damages, Land
The plaintiff held a right of pre-emption over the freehold reversion on the building containing his flat. He appealed the award of £5.00 damages for its breach. The judge had discounted an offer received by the plaintiff of £100,000 for the grant of a lease of another part of the building. The judge had made allowance for the general fall in property prices, but in doing so mis-stated the date of the Gulf War. Held: The loss had been miscalculated. The loss would be the value at the time, less the price set to be paid on exercise of the right.
1 Citers


 
Thomas v Secretary of State for Wales and Another Times, 08 April 1996
13 Mar 1996
QBD
ustice Macpherson of Cluny
Land
Local Authority need not show intention to build on all parts of land being compulsorily purchased under the Act. The object of section 89 was to allow a local authority to purchase land which was unsightly, neglected or derelict to put it to use. The authority's proposed use was to clear and stabilise the area and make it a heritage site. The section allowed them to buy the land to execute 'such works on that land or any other land as appears to them expedient'.
National Parks and Access to the Countryside Act 1949 89

 
Barclays Bank Plc v Estates and Commercial Ltd and Another Gazette, 20 March 1996; [1997] 1 WLR 415
20 Mar 1996
CA
Millett LJ
Land
An unpaid vendor's lien was not subordinated to the plaintiff's charge without clear consent.
Millett LJ said: "As soon as a binding contract for sale of land is entered into the vendor has a lien on the property for the purchase money and a right to remain in possession of the property until payment is made. The lien does not arise on completion but on exchange of contracts. It is discharged on completion to the extent that the purchase money is paid: In re Birmingham, decd.; Savage v. Stannard [1959] Ch. 523, cited with approval in London and Cheshire Insurance Co. Ltd. v. Laplagrene Property Co. Ltd. [1971] Ch. 499, 514. Even if the vendor executes an outright conveyance of the legal estate in favour of the purchaser and delivers the title deeds to him, he still retains an equitable lien on the property to secure the payment of any part of the purchase money which remains unpaid. The lien is not excluded by the fact that the conveyance contains an express receipt for the purchase money.
The lien arises by operation of law and independently of the agreement between the parties. It does not depend in any way upon the parties' subjective intentions. It is excluded where its retention would be inconsistent with the provisions of the contract for sale or with the true nature of the transaction as disclosed by the documents. It is also excluded where, on completion, the vendor receives all that he bargained for: Capital Finance Co. Ltd. v. Stokes [1969] 1 Ch. 261 and Congresbury Motors Ltd. v. Anglo-Belge Finance Co. Ltd. [1971] Ch. 81. In each of those cases the vendor took a legal charge to secure payment. The unpaid vendor's lien was held to be excluded notwithstanding that the charge later became void for want of registration."
1 Citers


 
Hall v Dorling and Another Unreported, 26 March 1996
26 Mar 1996

Beldam LJ
Land
Land once conveyed by the owner, could not be again conveyed. "… if the trustees had specifically conveyed land delineated on a plan to the defendant they could not subsequently in law transfer it to the plaintiff”.
1 Citers


 
Lloyds Bank Plc v Carrick and Another Gazette, 17 April 1996; [1996] 4 All ER 630
17 Apr 1996
CA
Morritt LJ, Beldam LJ and Sir Ralph Gibson
Land
Mrs Carrick was a widow who orally agreed with her brother in law, a builder, to sell her house and pay him the proceeds, for which he would provide her with a new house. She did so and moved into the new house, which remained in the brother-in-law’s name; later he mortgaged it to the bank. Mrs Carrick’s rights were postponed to the bank because they had not been registered as an estate contract. Held: A beneficial owner under a bare trust had no defence against a mortagee in possession. "In this case there was a trust of the maisonette for the benefit of Mrs Carrick precisely because there had been an agreement between her and Mr Carrick which, for her part, she had substantially if not wholly performed. As between her and Mr Carrick such trust subsisted at all times after November 1982. I agree with counsel for the bank that there is no room in those circumstances for the implication or imposition of any further trust of the maisonette for the benefit of Mrs Carrick. In Lloyds Bank plc v Rosset there was no contract which conferred any interest in the house on the wife. As with all statements of principle the speech of Lord Bridge of Harwich must be read by reference to the facts of the case. So read there is nothing in it to suggest that where there is a specifically enforceable contract the court is entitled to superimpose a further constructive trust on the vendor in favour of the purchaser over that which already exists in consequence of the contractual relationship.
It is true that on this footing the ultimate position of Mrs Carrick with the benefit of a specifically enforceable contract may be worse than it would have been if there had been no contract. But that is because she failed to do that which Parliament has ordained must be done if her interest is to prevail over that of the bank, namely to register the estate contract. Her failure in that respect cannot, in my view, justify the implication or imposition of a trust after the execution of the charge when the dealings between Mr Carrick and Mrs Carrick before such execution did not."
Land Charges Act 1972 4(6)
1 Citers


 
Boot v Boot and Another [1996] EWCA Civ 1352; [1996] CCLR 68; (1997) 73 P & CR 137; [1996] 2 FCR 713; (1996) 72 P & CR D30
19 Apr 1996
CA
Leggatt, Waite LJJ, Sir Iain Glidewell
Land, Trusts

[ Bailii ]
 
Dean v George Doyle Walker [1996] EWCA Civ 505
10 May 1996
CA

Land
The appellant sought to challenge an order granting his neighbour access across his land in order to maintain a gable end wall. Held: The judge was plainly correct to make the order. The appellant's fear that this would prejudice any future issues was unfounded.
Access to Neighbouring Land Act 1992
1 Cites

[ Bailii ]

 
 Bibby and others v Sumintra Partap and others; PC 20-May-1996 - [1996] UKPC 13; [1996] 1 WLR 931
 
Porter and Another v Secretary of State for Transport Times, 03 June 1996; [1996] 3 All ER 693
3 Jun 1996
CA

Land
No issue estoppel on land value arose from a previous Secretary's finding on Lands Tribunal.
Land Compensation Act 1961 18
1 Citers


 
Shaikh v Bolton Metropolitan District Council Times, 11 June 1996
11 Jun 1996
CA

Land
The owner-occupier compensation supplement payable on a compulsory purchase carries interest.
Housing Act 1969 68 Sch 5

 
McCausland and Another v Duncan Lawrie Ltd and Another Times, 18 June 1996; Gazette, 10 July 1996; [1996] 4 All ER 995; [1997] 1 WLR 38
18 Jun 1996
CA
Neill LJ, Morritt LJ
Land, Contract
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. Time was not initially of the essence of the contract. Held: The variation was invalid, but the original contract, as unvaried, remained in force. A variation of a contract for the sale of land under the new Act must itself comply with the formalities of the Act if it is to be applied. Section 2 is an entirely new provision which marks a radical change in the law.
Morritt LJ said that estoppel may be available. The contractual date for completion was a material term, if only because it specified the time from which one or other party was entitled to serve a notice to complete and make time of the essence: "the choice lies between permitting a variation, however fundamental, to be made without any formality at all and requiring it to satisfy Section 2. In my view it is evident that Parliament intended the latter. There would be little point in requiring that the original contract comply with Section 2 if it might be varied wholly informally. Further the respect in which the Act differs from the Bill proposed by the Law Commission indicates that Parliament intended more, rather than less, formality than that recommended by the Law Commission." and "The reasons for the recommendation were to avoid the uncertainties arising from the doctrine of part performance, to ensure mutuality between both parties to the contract and to avoid the continuing uncertainty surrounding the operation of Section 40 Law of Property Act 1925 notwithstanding its long history"
Neill LJ said: "It seems to me to be clear that Parliament intended to introduce new and strict requirements as to the formalities to be observed for the creation of a valid disposition of an interest in land. Under Section 2 all the terms of the contract have to be incorporated in the signed document. Counsel for the plaintiffs was correct when he submitted that the formalities prescribed by Section 2 have to be applied to the contract as varied. "
Law of Property (Miscellaneous Provisions) Act 1989 2
1 Cites

1 Citers


 
Regina v Secretary of State for Wales Ex Parte Emery Times, 24 June 1996
24 Jun 1996
QBD

Land
A public enquiry is necessary where there is a real dispute over the existence of a public right of way.
Wildlife and Countryside Act 1981 Sch 14
1 Citers



 
 Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London; QBD 28-Jun-1996 - Times, 28 June 1996; [1996] 2 EGLR 128

 
 Regina v Oxfordshire County Council ex parte Sunningwell Parish Council; Admn 11-Jul-1996 - [1996] EWHC Admin 28
 
E Johnson and Co (Barbados) Ltd v NSR Ltd Times, 24 July 1996
24 Jul 1996
PC

Land
Sale contract not frustrated by notice of possible compulsory purchase.

 
Graham Charles Botham and others v TSB Bank Plc [1996] EWCA Civ 549
30 Jul 1996
CA
Sir Richard Scott VC, Roch LJ, Henry LJ
Land, Banking
A flat had been repossessed by the bank. The parties disputed whether items were fixtures and charged with the land or not. Held: The judge had correctly analysed and applied the law of fixtures and fittings. The appeal failed save to a limited extent. "The tests, in the case of an item which has been attached to the building in some way other than simply by its own weight, seem to be the purpose of the item and the purpose of the link between the item and the building. If the item viewed objectively, is, intended to be permanent and to afford a lasting improvement to the building, the thing will have become a fixture. If the attachment is temporary and is no more than is necessary for the item to be used and enjoyed, then it will remain a chattel. Some indicators can be identified. For example, if the item is ornamental and the attachment is simply to enable the item to be displayed and enjoyed as an adornment that will often indicate that this item is a chattel. Obvious examples are pictures. But this will not be the result in every case; for example ornamental tiles on the walls of kitchens and bathrooms. The ability to remove an item or its attachment from the building without damaging the fabric of the building is another indicator. The same item may in some areas be a chattel and in others a fixture. For example a cooker will, if free standing and connected to the building only by an electric flex, be a chattel But it may be otherwise if the cooker is a split level cooker with the hob set into a work surface and the oven forming part of one of the cabinets in the kitchen. " As to fitted carpets attached by grippers, they were not fixtures, and nor were white goods in the kitchen. Though part of a decoraive scheme of they wre not sufficiently attached.
Sir Richard Scott VC: There is, I think, some danger in applying too literally tests formulated for the purpose of decisions regarding machinery in factories to cases regarding articles in residences. There is a danger, also, in applying too literally tests formulated for the purpose of decisions regarding articles of ornamental value only to cases regarding articles whose prime function is utilitarian.
1 Cites

[ Bailii ]
 
Secretary of State for the Environment v Beresford Trustees Unreported, 31 July 1996
31 Jul 1996
CA
Hobhouse LJ, Staughton LJ and Millett LJ
Land
Hobhouse LJ, adopted at least part of Denning LJ's approach in Fairey, holding that the absence of intention to dedicate had to be "objectively established by overt acts of the landowner", and that "This is not a subjective test. The absence of intention must be objectively established by overt acts of the landowner." It was for the objectors to persuade the Inspector that the owners of the land had during the material period sufficiently demonstrated an intention not to dedicate the footpath."
Highways Act 1980 31(1) 31(2)
1 Cites

1 Citers



 
 Regina v Suffolk County Council Ex Parte Steed and Another; CA 2-Aug-1996 - Times, 02 August 1996; (1996) 75 P & CR 102
 
Nationwide Building Society v Rogers [1996] EWCA Civ 572
8 Aug 1996
CA

Land, Banking

[ Bailii ]

 
 Ezekiel v Orakpo; CA 16-Sep-1996 - Times, 16 September 1996; [1997] 1 WLR 340
 
Hypo-Mortgage Services Ltd v Robinson and Robinson [1996] EWCA Civ 627
2 Oct 1996
CA

Land
Appeal against possession order.
1 Cites

1 Citers

[ Bailii ]
 
Naughton v Jackson [1996] EWCA Civ 630
2 Oct 1996
CA

Land
Application for leave to appeal - refused.
[ Bailii ]
 
Kenneth Wright; Jennifer Wright v Graham Frederick Kane and Angela Mary Kane [1996] EWCA Civ 679
8 Oct 1996
CA

Land

[ Bailii ]
 
Chattey and Another v Farndale Holdings Inc and others [1996] EWCA Civ 696
11 Oct 1996
CA

Land, Contract, Registered Land
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. "the circumstances in which a purchaser's lien will arise are not limited to those in which the contract is or has been specifically enforceable but include those in which there is or has been a right to call for the legal estate whether presently, in the future or conditionally so as to give rise to the equitable interest or estate. . . "
and "It is not disputed that the purchaser's lien arises by operation of law from the contract unless it is modified or excluded by express agreement of the parties or by necessary implication from the contractual arrangements the parties have entered into. The lien so arising is an unqualified equitable right. In common with all other equitable rights it is capable of being subordinated to the rights of a subsequent purchaser for value of a legal estate without notice of the equitable right. But that inherent weakness is no reason to modify the nature of the right itself. "
Land Registration Act 1925 70(2)
1 Cites

[ Bailii ]
 
Redland Aggregates Limited v Dace, Pallett, Ellick and Mahoney [1996] EWCA Civ 708
11 Oct 1996
CA

Land, Limitation

Prescription Act 1832
1 Cites

1 Citers

[ Bailii ]
 
David Lawrence Headon Owen Barbara Nesta Owen v Secretary of State for Transport [1996] EWCA Civ 712
14 Oct 1996
CA

Land, Damages, Transport

Highways Act 1980
1 Cites

1 Citers

[ Bailii ]
 
Regina v Leeds City Council ex parte Leeds Industrial Co-Operative Society Ltd [1996] EWCA Civ 734
15 Oct 1996
CA

Local Government, Land, Planning

[ Bailii ]
 
Midland Bank Plc v Campbell and others [1996] EWCA Civ 732
15 Oct 1996
CA

Land
Mortgage possession action - application for leave to appeal out of time.
[ Bailii ]
 
Persey v J H Halsey [1996] EWCA Civ 756
17 Oct 1996
CA

Land

[ Bailii ]
 
Cheltenham and Gloucester Building Society v Krausz Gazette, 20 November 1996; Times, 20 November 1996; [1996] EWCA Civ 780; [1997] 1 WLR 1558
22 Oct 1996
CA

Land
The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, but nevertheless of considerable value to mortgagors who are in default.
Law of Property Act 1925 91(2) - Administration of Justice Act 1970 15(1)
1 Citers

[ Bailii ]
 
Davies v Secretary of State for Wales and Anr [1996] EWCA Civ 809
25 Oct 1996
CA

Land
Application for extension of time to appeal against order refusing footpath diversion.
[ Bailii ]
 
Wu Koon Tai and Another v Wu Yau Loi Times, 25 October 1996
25 Oct 1996
PC

Land, Commonwealth
Inability of devisee to convey land until vested does not stop contract to do so.

 
Sorensen v Secretary of State for Environment v Cheshire County Council [1996] EWHC Admin 161
28 Oct 1996
Admn

Land
Downgrading of public right of way.
[ Bailii ]
 
Turner and Another v Individual Homes Limited [1996] EWCA Civ 819
28 Oct 1996
CA

Land
Appeal against orders for possession of land
[ Bailii ]
 
National Westminster Bank Plc v El-Ashckar [1996] EWCA Civ 817
28 Oct 1996
CA

Land
Appeal against possession order under charge on land.
[ Bailii ]
 
State of India v Sardul Singh Sood; Baljit Singh Sood; Parmjit Singh Sood; Daman Sood; Raksha Sood; Kamaljit Singh Sood and Renu Sood Gazette, 13 November 1996; Times, 07 November 1996; [1996] EWCA Civ 835
30 Oct 1996
CA

Land
Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge.
Law of Property Act 1925 2(1)(ii)
1 Cites

[ Bailii ]
 
UCB Bank Plc v Muhamid Sharif [1996] EWCA Civ 870
1 Nov 1996
CA

Land

[ Bailii ]
 
Thomas Joseph Billington and Edith Annie Warburton (As Executors of Edith Annie Billington) v Joan Elizabeth Blackshaw [1996] EWCA Civ 876
4 Nov 1996
CA

Family, Land

[ Bailii ]
 
Christine Pardoe (Now Christine Vermuelen) v John Pennington and Another [1996] EWCA Civ 895
7 Nov 1996
CA

Land

[ Bailii ]
 
Regina v Suffolk County Council Ex Parte Speed and Another Times, 11 November 1996
11 Nov 1996
CA

Land
A failure to register town green did not defeat existing customary rights over it.
Commons Registration Act 1965 1(2)(a)

 
Cook v South West Water Services Ltd [1996] EWCA Civ 924
11 Nov 1996
CA

Land, Utilities, Damages

[ Bailii ]
 
Pourdanay v Barclays Bank Plc Times, 12 November 1996
12 Nov 1996
ChD

Landlord and Tenant, Housing, Land
Statutory tenancy after contractual one binding on mortgagee is also binding.

 
Paul Louis and Paula Louis v Mohammed Sadiq [1996] EWCA Civ 935; [1997] 1 EGLR 1996
12 Nov 1996
CA
Evans LJ
Land
There was a two-storey end of terrace house in North London owned by Mr Sadiq and his neighbours, Mr and Mrs Louis. The appellant had commenced substantial works to his house, which caused damage to the party wall. The appellant had not complied with his obligations under the 1939 Act. Held. The works carried out could never have been approved retrospectively. Evans LJ discussed the 1939 Act: "So the statutory scheme is clear. The building owner has certain express rights but these can only be exercised (i) with the adjoining owner's written consent or (ii) in accordance with a valid award by the surveyor or surveyors appointed under s.55."
Evans LJ reviewed the authorities and said: "The adjoining owner's common law rights are supplanted when the statute is invoked which can have the effect of safeguarding the building owner from common law liabilities when he complies with the statutory procedures . . But if he commits an actionable nuisance without giving notice and without obtaining consent he cannot rely upon a statutory defence under procedures with which ex hypothesi he has failed to comply. If he does then give notice he will in due course acquire statutory authority for whatever works are approved or agreed but in my judgment this does not relieve him from liability for the continuing nuisance which he has unlawfully committed until such time as, and to the extent that such authority is obtained."

As to the particular case: "So it cannot be said in my judgment that the works which created the nuisance were subsequently authorised whether by agreement or by surveyors under the statutory procedure."
London Building Acts (Amendment) Act 1939
1 Cites

1 Citers

[ Bailii ]
 
Amsprop Trading Ltd v Harris Distribution Ltd and Another Times, 13 November 1996
13 Nov 1996
ChD

Land
A non-party to a deed cannot take the benefit of a covenant even though he had been named as such in the deed.
Law of Property Act 1925 56

 
Cheltenham and Gloucester Plc (Formerly Cheltenham and Gloucester Building Society) v Robert Charles Booker and Susan Jane Booker [1996] EWCA Civ 957
14 Nov 1996
CA

Land, Litigation Practice
The case asked whether the court has jurisdiction, and if so in what circumstances should it exercise such jurisdiction, to give conduct of a sale to a mortgagee while at the same time postponing the execution of a warrant for possession until completion of the sale.
[ Bailii ]

 
 Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland); HL 14-Nov-1996 - Times, 09 January 1997; [1996] UKHL 7
 
Anthony Paul Stanton; Juliet Louise Stanton v Paul Simon Hare; Helene Deanna Hare and John Hare [1996] EWCA Civ 995
19 Nov 1996
CA

Land

[ Bailii ]
 
Cheltenham and Gloucester Plc v Booker and Another Gazette, 04 December 1996; Times, 20 November 1996
20 Nov 1996
CA

Land
The lender may be given the conduct of a sale of mortgaged property, even though the warrant for possession had been suspended.
Administration of Justice Act 1970 - Administration of Justice Act 1973

 
Berryman v Hounslow London Borough Council Times, 18 December 1996; [1996] EWCA Civ 1001
20 Nov 1996
CA

Landlord and Tenant, Land, Housing, Personal Injury
No damages were to be awarded for a tenant's injury suffered whilst climbing the stairs when the lift had not been repaired.
[ Bailii ]

 
 Louis v Sadiq; CA 22-Nov-1996 - Gazette, 13 December 1996; Times, 22 November 1996; [1997] 1 EGLR 136
 
Mitchem and Edmunds v Magnus Homes South West Limited [1996] EWCA Civ 1111
5 Dec 1996
CA

Contract, Land
The defendant company appealed orders for the dicharge of its class C(iv) charges against the plaintiff's land, which it said represented a contract for the purchase of the land. An option had been given to the appellant, but it had expired.
[ Bailii ]
 
Boldack (Suing By the Official Solicitor) v East Lindsey District Council [1996] EWCA Civ 1168
11 Dec 1996
CA

Personal Injury, Land

Defective Premises Act 1972 4
[ Bailii ]
 
Richard Alexander Martin; Linda Ann Martin v Henry Butcher; Patricia Ann Butcher; Donald Frederick Perrin and Audrey May Perrin [1996] EWCA Civ 1184
11 Dec 1996
CA

Land
Leave to appeal.
[ Bailii ]
 
Blue Circle Industries Plc v Ministry of Defence Gazette, 15 January 1997; Times, 11 December 1996
11 Dec 1996
ChD

Environment, Land
Damages for escape of nuclear waste to include diminution of land value. Radioactive pollution of land following such an overflow is physical damage.
Nuclear Installations Act 1965
1 Cites

1 Citers



 
 Bristol and West Building Society v Baden Barnes and Groves; QBD 13-Dec-1996 - Unreported, 13 December 1996
 
Attorney General of Hong Kong v Fairfax Limited [1996] UKPC Hong Kong 52; [1996] UKPC 55; [1997] 1 WLR 149
17 Dec 1996
PC
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Cooke of Thorndon
Commonwealth, Land
(Hong Kong) A lease had been granted containing a covenant that the tenant would build villa residences only on the land. In breach of that covenant many high rise properties had been erected over many years. The applicant, now respondents, had sought a declaration that it could likewise erect a multi-story building, saying that the crown, the landlord, had acquiesced in the breach over many years and could not now enforce it. Held: The Crown's appeal failed. "A man cannot acquiesce in conduct of which he is ignorant. Whilst their Lordships accept that proof of such knowledge is essential, there is here overwhelming proof." and "the only possible inference from the fact that over a period of forty years multi-storey blocks have been built over virtually the whole of Lot 757 is that everyone, including the Crown, must have been aware of those facts. An area of 22 acres has been transformed into an area of high-density high-rise buildings. It would take compelling evidence, which is lacking, to rebut the inference that everyone concerned with that land was well aware that it was not being used for villas."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Norfolk County Council ex parte Perry [1996] EWHC Admin 385; (1996) 74 P&CR 1
19 Dec 1996
Admn
Dyson J
Land
The period of twenty years required to establish a common under the Act was the period up to the date of the application.
Commons Registration Act 1965
1 Cites

1 Citers

[ Bailii ]
 
Marlborough (West End) Ltd v Wilks Head and Eve Unreported, 20 December 1996
20 Dec 1996
ChD
Lightman J
Land, Limitation
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 occupied by the adjoining owner no right or easement of light or air exists in respect thereof or has been or shall at any future time be acquired by the Building Owners or any one deriving title through or under them and the adjoining owner and the Freeholders and all persons deriving title through or under them or either of them shall have the right to intercept light and air coming to the said windows." Held: the second and third limbs of this clause entitled the adjoining owner to redevelop in a way that would interrupt light. Accordingly the proviso to s.3 was triggered and the building owner did not acquire by prescription rights to light across the land of the adjoining owner. The nature of restrictive covenants was discussed. The judge also drew attention to the difference between acquisition by grant at the date of the disposition and acquisition by prescription based on actual enjoyment after that date.
Lightman J said: "Whether or not a document constitutes such a consent or agreement is a question of construction. In this context, care must be taken to distinguish between provisions designed to protect the servient owner by negativing the implication of a grant of an easement or the grant of analogous rights under the doctrine of non-derogation from grant or to establish by agreement the existing legal rights of the parties; and provisions designed to authorise the servient owner at a future date to carry out works or build as he pleases unrestricted by any easement of light in favour of the dominant land and notwithstanding any resultant injury to the light enjoyed. Provisions of the former character do not constitute either consents or agreements by the servient owner licensing or consenting to the future enjoyment of the access to light and accordingly do not prevent acquisition of light by prescription (see Mitchell v Cantrill (1887) 37 Ch D 36); but provisions of the latter character may be construed as consents or agreements permitting the enjoyment of light during the interim period and accordingly (as provided in Section 3) preclude any easement arising by prescription under the Act (see Willoughby v Eckstein [1937] Ch 167)."
Prescription Act 1832 3
1 Cites

1 Citers


 
Leonard Edward Scruton Mary Teresa Pluck v Alan Street [1996] EWCA Civ 1275
20 Dec 1996
CA

Land

[ Bailii ]
 
Regina v Nicholson and Another, Secretary of State for Environment and others [1996] EWHC Admin 393
20 Dec 1996
Admn

Land, Road Traffic
Challenges to compulsory purchase orders to allow construction of Avon Ring Road, Stage II.
Acquisition of Land Act 1981 19(1)(a)
[ Bailii ]

 
 Telegraph Service Stations Ltd v Trafford Borough Council and Another; LT 31-Dec-1996 - ACQ/162-3/1996
 
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