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		Land - From: 1997 To: 1997 This page lists 139 cases, and was prepared on 02 April 2018. Â Re Hunt's Application (1997) 73 P&CR 126 1997 LT Judge Bernard Marder QC Land Application was made to relax a restrictive covenant to allow a further house to be built within a garden plot. Held: The scheme had the primary intention of securing a relatively low density residential development of houses and bungalows. This was the first attempt to deviate from the scheme and it constituted an obtrusive and discordant departure by building on a plot which was too small. The Tribunal also referred to the possibilities of later further sub-division. Judge Bernard Marder QC said: "In the circumstances therefore, I have reached the conclusion that to grant this application would have the effect of opening the first breach in a carefully maintained and successful scheme of development, and would render it more difficult to resist further applications for the subdivision of plots with the consequent threat of increasing density and loss of character. Thus to grant the application would in my judgment deprive the objectors of a substantial and valued practical benefit, namely the assurance of the continued integrity of the building scheme." 1 Cites 1 Citers Â Â Albany Home Loans Ltd v Massey; CA 1997 - [1997] 2 All ER 609 Â Sharp v Thomson 1997 SC (HL) 66; [1997] UKHL 60; [1998] BCC 115; 1997 SC (HL) 66; 1997 SCLR 328; 1997 GWD 9-364; [1997] 1 BCLC 603; 1997 SLT 636 1997 HL Lord Jauncey, Lord Clyde Land, Banking A floating charge was given over the whole of a company's property which might from time to time be "comprised in our property and undertaking". The charge terms echoed the section which allows a company to create a charge "over all or any part of the property . . which may from time to time be comprised in its property and undertaking." The company had sold a flat, which was part of its property, and had delivered the relevant disposition to the purchaser. Before the purchaser's agents recorded the disposition, however, the floating charge crystallised. The question was whether, at the time of crystallisation, the company's rights to the flat still formed part of "our property and undertaking" in terms of the charge and, by implication, in terms of the section. The Court of Session had held that the rights were caught by the floating charge. Held: The purchasers' appeal was allowed on the basis that the term "property" in the section was not being used in any technical sense and was not intended to include the company's bare title to the flat which the purchasers could have defeated at any moment by recording their disposition. Companies Act 1985 462(1) 1 Cites 1 Citers [ Bailii ] Â Â Hounslow Borough Council v Minchington; CA 1997 - (1997) 74 P&CR 221 Â Â Hypo-Mortgage Services Limited v Robinson, Robinson; CA 2-Jan-1997 - Times, 02 January 1997; [1996] EWCA Civ 899 Â South Lanarkshire Council v Secretary of State for Scotland (Scotland) Times, 09 January 1997 9 Jan 1997 IHCS Planning, Land A condition attached to a planning permission for a gate to be erected potentially to obstruct a public right of way was invalid. Â Godden v Merthyr Tydfil Housing Association [1997] EWCA Civ 780; (1997) 74 P & CR D1 15 Jan 1997 CA Simon Brown LJ Land, Contract, Estoppel The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim on the basis that there was no enforceable contract under the 1989 Act. Held: The argument propounded would vitiate the 1989 Act. An estoppel should not be allowed to prevent the defendants arguing that no contract existed. In this case it would be inappropriate to allow an amendment to the pleadings in mid-appeal. Where all the obligations between the parties were integral to each other, part and parcel of a single scheme, section 2 applied to the transaction. Discussing the Tootal Clothing case, Simon Brown LJ said: "However, nothing in that case – not even in Scott LJ's judgment, which went further than those of the other members of the Court and further indeed than was necessary to the decision- to my mind support the Appellant's claim to enforce any aspect of the present transaction, given (a) that no part of it whatsoever was in writing, and (b) central to the entire scheme was the ultimate transference of land from the Plaintiff to the Defendants." Law of Property (Miscellaneous Provisions) Act 1989 2 1 Cites 1 Citers [ Bailii ] Â Derek Andrew Ward v T Dougall CA Civ 785 16 Jan 1997 CA Land, Nuisance, Limitation The plaintiff and defendant were neighbours. An aerial had, for 22 years projected 4 feet over the plaintiff's land. His claim in nuisance was struck out, and the registrar had suggested he had a claim in trespass, but that that action was time barred. The appellant brought counsel's opinion to support his request for leave to appeal, but that hardly assisted him. He might have argued that the trespass was a continuing one, but that night have left at most an action for damages, the result of which would be nominal and a disaster in costs. Leave to appeal out of time refused. Limitation Act 1980 1 Cites [ Bailii ] Â Mullaney v Watford Borough Council v Hertfordshire Valuation Tribunal [1997] EWHC Admin 28 17 Jan 1997 Admn Land, Rating [ Bailii ] Â Rotherham Borough Council v Leslie Wildblood [1997] EWCA Civ 822 22 Jan 1997 CA Land [ Bailii ] Â Yorkshire Traction Company Limited v Secretary of State for Transport and Another [1997] EWCA Civ 823 22 Jan 1997 CA Land [ Bailii ] Â Simon Warren; Barbara Warren v James Wiemer and Christine Wiemer [1997] EWCA Civ 831 23 Jan 1997 CA Land, Contract 1 Cites [ Bailii ] Â Â Hamilton v Weston; CA 23-Jan-1997 - [1997] EWCA Civ 830 Â Emery and Emery v UCB Bank Plc [1997] EWCA Civ 824 23 Jan 1997 CA Land Adjournment of appeal against mortgagee possession order. [ Bailii ] Â David Henry Bramwell Holland v Julia Nora Connell and James Arthur Connell [1997] EWCA Civ 840 24 Jan 1997 CA Land Renewed application for leave to appeal. [ Bailii ] Â 13-20 Embankment Gardens Ltd v Coote [1997] EWCA Civ 835 24 Jan 1997 CA Lord Justice Mccowan, Lord Justice Millett Landlord and Tenant, Land The applicant appealed an order for the removal of a land charge. As tenant of a flat, he had fallen into dispute with the management company. Proceedings were under way for the lease to be forfeited, and in the meantime his lender obtained a possession order. He intended to claim damages for failure to repair, and he registered a land charge to protect that impending action. The landlord was now in liquidation. Held: The use of the land charge was wholly inappropriate. The landlord being in liquidation, no charging order would now be possible. He was an unsecured creditor and this claim must proceed by way of proof in the liquidation. The charging order procedure is not available to a party who has not yet established his claim. Leave to appeal was refused. Land Charges Act 1972 [ Bailii ] Â Barclays Bank Plc v Khalid Mahmood Ansari and Susan Jane Ansari [1997] EWCA Civ 836 24 Jan 1997 CA Land [ Bailii ] Â C A Omoregei v Secretary of State for Environment and Kingston-Upon-Hull City Council and Solomon Obiajulo Okolo and Secretary of State for Environment and Kingston-Upon-Hull City Council [1997] EWHC Admin 86 30 Jan 1997 Admn Land, Local Government Acquisition of Land Act 1981 15 [ Bailii ] Â Hopkinson; Richard Bessell Hare; Timothy Peter Wreford Hare and Birmingham Mid-Shires Building Society v John David Tupper [1997] EWCA Civ 882 30 Jan 1997 CA Auld LJ Land, Limitation The plaintiffs appealed an order striking out their claim for want of prosecution. The defendant's property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the defendants. The defendant had been in default since 1984. The defendants said that the claim was in personalty only being under the assignment of the debt. Held: There was a presumption that money recovered would be applied first in the repayment of interest. It was arguable that a 12 years' limitation period under the general rule in Section 8 of the 1980 Act for actions on a specialty would not apply. Auld LJ said: “it is seriously arguable that when a mortgagee has re-possessed and has sold the security and is seeking to recover the shortfall, his claim is in simple contract whatever the nature of the instrument under which the debt was initially secured”. As to the delay, the judge had considered the correct elements. The circumstances of a case, the issues and the length of delay, may entitle a court to infer that memories are likely to have become so dim as seriously to prejudice the case of a party and make continuation of the proceedings unfair. The defendant had suffered prejudice by the delay. Limitation Act 1980 5 8 20(1) 1 Cites 1 Citers [ Bailii ] Â National Home Loans Corporation Plc v Collins [1997] EWCA Civ 903 31 Jan 1997 CA Land The defendant sought leave to appeal against a mortgagee's possession order. [ Bailii ] Â Â Union Eagle Limited v Golden Achievement Limited; PC 3-Feb-1997 - Times, 07 February 1997; [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514; [1997] 2 All ER 215 Â Barclays Bank Plc v Walter John Rivett Betty Rivett [1997] EWCA Civ 974 10 Feb 1997 CA Land, Undue Influence [ Bailii ] Â Shimizu (UK) Ltd v Westminster City Council Gazette, 12 March 1997; Times, 11 February 1997; [1997] 1 All ER 481; [1997] UKHL 3; [1997] 1 WLR 168 11 Feb 1997 HL Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Cooke of Thorndon, Lord Hope of Craighead Planning, Land The removal of a listed building's chimney stacks was an alteration allowing a claim for compensation. The phrases 'alteration' and 'demolition' are mutually exclusive. Although part of a building may be a listed building, a part of a listed building cannot itself be a listed building. Planning (Listed Buildings and Conservation Areas) Act 1990 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Â Bryan, Astley, Taylor v Barton and Frank Barton Services Limited; CA 11-Feb-1997 - [1997] EWCA Civ 987 Â Â Albany Home Loans Limited v Massey; Massey and Massey v Albany Life Assurance Company Limited; Metropolitan Unit Trust Managers Limited and Albany International Assurance Limited; CA 12-Feb-1997 - Gazette, 27 February 1997; Times, 14 February 1997; [1997] EWCA Civ 991 Â Halifax Building Society v Rashid and Latif; Halifax Building Society v Rashid [1997] EWCA Civ 996 12 Feb 1997 CA Millett LJ, Waller LJ Land The defendants sought leave to appeal refusal of an order for suspension of an order for possession of their house under a mortgage loan agreement. [ Bailii ] Â Bankers Trust Company v Namdar and Namdar [1997] EWCA Civ 1015 14 Feb 1997 CA Peter Gibson LJ Land, Contract The bank sought repayment of its loan and possession of the defendants' property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel. Law of Property (Miscellaneous Provisions) Act 1989 82 1 Cites 1 Citers Â Douglas Edric Woolls v George James Powling; Elizabeth Robina Powling and Mark Stephen Dean Powling [1997] EWCA Civ 1043 19 Feb 1997 CA Potter, May LJJ Land Application for leave to appeal out of time. Leave granted. 1 Citers [ Bailii ] Â Urban Manor Limited v Sadiq Gazette, 26 March 1997; Times, 21 March 1997; [1997] EWCA Civ 1062; [1997] 1 WLR 1016 20 Feb 1997 CA Registered Land, Land Land Registration Act 1925 110 1 Cites 1 Citers [ Bailii ] Â Nationwide Building Society v S Reynolds [1997] EWCA Civ 1085 25 Feb 1997 CA Land Stay of execution of warrant for possession - mortgaged land. [ Bailii ] Â Â Swan Hill Developments Limited, Lloyd-Thomas etc v British Waterways Board; CA 25-Feb-1997 - [1997] EWCA Civ 1089 Â National Home Loans Corporation Plc v Yaxley and Yaxley [1997] EWCA Civ 1098 26 Feb 1997 CA Land, Torts - Other [ Bailii ] Â Boldark (Suing By the Official Solicitor) v East Lindsey District Council [1997] EWCA Civ 1147 4 Mar 1997 CA Personal Injury, Land defective Premises Act 1972 [ Bailii ] Â Sajjad Ahmed Kurd v Castlemode Properties Limited [1997] EWCA Civ 1169 5 Mar 1997 CA Land Application for leave to appeal out of time against possession order. [ Bailii ] Â Sheagan Dermot Frawley v Anne Marie Brough Neill (Now Anne Marie Brough Lindley) [1997] EWCA Civ 1182 6 Mar 1997 CA Lord Justice Morritt Land Land had been bought in joint names. One party claimed to have agreed to purchase the interest of the other, but no documentation was executed. The land was sold by the mortagee, and the parties fought as to the distribution of the balance. The applicant sought an order for payment of the entire sum. The action was struck out for want of prosecution, but was restored. The defendant sought leave to appeal. Held: The case was not clearly unarguable, and the defendant had suffered no post action prejudice from the delay. Leave refused. 1 Cites 1 Citers [ Bailii ] Â Paul Ives; Elizabeth Ives v J J Harrison (Homes) Limited and A A Mckenzie [1997] EWCA Civ 1178 6 Mar 1997 CA Land [ Bailii ] Â Mayor and Burgesses of London Borough of Hounslow v Anne Minchinton [1997] EWCA Civ 1277; (1997) 74 P&CR 221 19 Mar 1997 CA Lord Justice Butler-Sloss, Lord Justice Millett, Lord Justice Thorpe Land, Limitation The defendant asserted title to a strip of land by adverse possession. The judge had held that the occupation by the claimant had been insufficient to establish possession. Held: The use of the land as a garden for compost heaps and similar was a sufficient trespass to allow an action, and was therefore sufficient to found a claim for adverse possession. Having acquired a title by adverse possession, the claimant does not lose it by going out of possession, unless the original owner retakes possession. Enclosure is strong evidence of possession. 1 Cites 1 Citers [ Bailii ] Â Household Mortgage Corporation Plc v Pringle and Another [1997] EWCA Civ 1272 19 Mar 1997 CA Land, Litigation Practice Circumstances under which an order possession would be suspended. [ Bailii ] Â Maile v Manchester City Council [1997] EWHC Admin 298 20 Mar 1997 Admn Laws J Land Appeal against order stopping up public footpaths. Highways Act 1980 116 Â Stroud and Swindon Building Society v Stalp and Another [1997] EWCA Civ 1365 27 Mar 1997 CA Land Appeal against refusal of extension of time - mortgagee's possession action. [ Bailii ] Â Â Duffy v Lamb (T/a Vic Lamb Developments); CA 10-Apr-1997 - [1997] EWCA Civ 1373; (1997) 75 P and CR 364 Â Michel and others v Lennard Augier and others [1997] UKPC 16 16 Apr 1997 PC Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde Land, Commonwealth (Saint Lucia) The claimants sought vehicular access to their land. It was full enclosed by other land, and they sought an easement of necessity as provided by the Civil Code. The provisions came from the Napoleonic Code. The proposed route was economically preferable, but the other was the shortest, which was the factor chosen by the code. Held: The appeal was dismissed. There were no facts put forward to ground a rejection of the findings of the two courts below. Since those others over whose land the alternate roadway might go were not parties to the case, no order could be made in that respect. [ Bailii ] Â UCB Bank Plc v Sharif [1997] EWCA Civ 1421 16 Apr 1997 CA Land [ Bailii ] Â Crown Estate Commissioners v A A Tierney [1997] EWCA Civ 1443 18 Apr 1997 CA Land [ Bailii ] Â Halifax Building Society (Formerly Leeds Permanent Building Society) v Emmanuel Fanimi and Rowland Eze Aka [1997] EWCA Civ 1461 21 Apr 1997 CA Land [ Bailii ] Â Halifax Building Society v John Lee Richard Khan (Otherwise Known As Daniel Ignatius James) Jonathan Holland [1997] EWCA Civ 1462 21 Apr 1997 CA Land [ Bailii ] Â David McAllister v B M Samuels Finance Group Plc; Nelsons (Solicitors); Waugh and Musgrave (Solicitors) [1997] EWCA Civ 1509 24 Apr 1997 CA Land [ Bailii ] Â Â Hunter and Others v Canary Wharf Ltd; HL 25-Apr-1997 - Gazette, 14 May 1997; Times, 25 April 1997; [1997] UKHL 14; [1997] AC 655; [1997] Fam Law 601; [1997] 2 All ER 426; [1997] 2 FLR 342; [1997] 2 WLR 684; [1997] Env LR 488; [1997] 54 Con LR 12; [1997] 84 BLR 1; [1997] CLC 1045; (1998) 30 HLR 409 Â Barclays Bank Plc v Andrew and Christine Ann Kirby [1997] EWCA Civ 1525 25 Apr 1997 CA Land Application for leave to appeal against possession in mortgage claim. [ Bailii ] Â Shaw and Goodger v Watts [1997] EWCA Civ 1563 30 Apr 1997 CA Land, Costs 1 Citers [ Bailii ] Â Â Elitestone Ltd v Morris and Another; HL 1-May-1997 - Times, 07 May 1997; Gazette, 14 May 1997; [1997] UKHL 15; [1997] 2 All ER 513; [1997] 1 WLR 687 Â Faraday v Carmarthenshire County Council (Formerly Llanelli Borough Council) [1997] EWCA Civ 1585 1 May 1997 CA Land, Damages 1 Cites 1 Citers [ Bailii ] Â Polonski v Lloyd's Bank Mortgages Ltd Times, 06 May 1997 6 May 1997 ChD Land Court may allow for pressing social need when ordering sale of property subject to negative equity against mortgagee's wishes. Â Abbey National Plc v Leroy Brewster [1997] EWCA Civ 1622 6 May 1997 CA Land [ Bailii ] Â Royal Bank of Scotland v Appleyard [1997] EWCA Civ 1652 8 May 1997 CA Land, Banking [ Bailii ] Â Newcastle Upon Tyne City Council v Michael Martin Newberry [1997] EWCA Civ 1663 9 May 1997 CA Land [ Bailii ] Â West Bromwich Building Society v Winnicott [1997] EWCA Civ 1671 9 May 1997 CA Land [ Bailii ] Â Stone v Mahmood [1997] EWCA Civ 1749 21 May 1997 CA Land, Trusts [ Bailii ] Â Payne and Woodland v Mayor and Burgesses of London Borough of Barnet Times, 24 June 1997; [1997] EWCA Civ 1752 22 May 1997 CA Land, Housing The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. Housing Act 1985 1 Cites [ Bailii ] Â Roshview Forwarding Limited (In Liquidation) v Roshview International Limited; Roshview Export Import Limited; Mark AduGyamfi and Comfort AduGyamfi [1997] EWCA Civ 1810 6 Jun 1997 CA Land, Trusts [ Bailii ] Â Carr v Kellett [1997] EWCA Civ 1804 6 Jun 1997 CA Land Application for leave to appeal - boundary dispute. [ Bailii ] Â Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport Times, 11 July 1997; [1997] EWHC Admin 538 10 Jun 1997 Admn Dyson J Planning, Land The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development. Land Compensation Act 1961 22(2) 1 Citers [ Bailii ] Â First National Bank v Hardev Singh Virdi Daljit Kaur Virdi and others [1997] EWCA Civ 1848 12 Jun 1997 CA Land Application for leave to appeal against possession order under mortgage. [ Bailii ] Â Midland Bank Plc v Clark [1997] EWCA Civ 1853 12 Jun 1997 CA Land Application for leave to appeal against mortgage possession order. [ Bailii ] Â Hillingdon London Borough Council v ARC Ltd Times, 25 June 1997; [1998] 1 WLR 174 12 Jun 1997 ChD Stanley Burnton QC J Land, Limitation The Council had taken possession of the company's land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred. Held: The claim was indeed time barred. The cause of action for an entry under a compulsory purchase arose at the date of entry even though compensation not yet assessed. The assumption that no limitation period began to run until the amount of compensation had been agreed was incorrect. Compulsory Purchase Act 1965 11 - Limitation Act 1980 9 1 Cites 1 Citers Â L C Dudney and S R Dudney v A E Bushell [1997] EWCA Civ 1875 16 Jun 1997 CA Contract, Land, Damages [ Bailii ] Â Hurst and Another v Hampshire County Council Times, 26 June 1997; [1997] EWCA Civ 1901; (1997) 96 LGR 27 19 Jun 1997 CA Nuisance, Local Government, Land A Local Authority is liable for any damage caused by the roots of a tree growing on the verge of a public highway. 1 Citers [ Bailii ] Â Raymond John Rees; Janet Mary Rees (Since Deceased) v Philip Skerrett and Warner Andrew Solomon [1997] EWCA Civ 760 25 Jun 1997 CA Land Right of support - application for leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Hart and Hart v Midland Bank Plc [1997] EWCA Civ 1967 25 Jun 1997 CA Land Application for leave to appeal against mortgage possession order. [ Bailii ] Â Sze To Chun Keung v Kung Kwok Wai David and Lam Chak Man Estate Limited [1997] 1 WLR 1232; [1997] UKPC 35 27 Jun 1997 PC Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hutton Commonwealth, Land, Limitation (Hong Kong) The respondents were registered owners of land occupied by the appellant who claim title by adverse possession after entry in 1955. Subsequently the claim resided with the Crown. Held: "on the facts as pleaded, the land has been continuously in adverse possession since 1955 and that the plaintiffs' title was extinguished in about 1975. To all outward appearances, there was no change in possession throughout the period and the licensing arrangements between the defendant and a third party, the Crown, did not affect the adverse nature of the possession as against the plaintiffs. At the time when proceedings were commenced, the defendant had been in possession on his own account for only two years. But this does not matter: the Limitation Ordinance is not concerned with whether the defendant has acquired a title but with whether the plaintiffs' right of action has been barred. For this purpose, all that matters is that there should have been continuous adverse possession for the period of limitation. The rights inter se of the successive persons who may have been in possession adversely to the plaintiffs since they were dispossessed are for this purpose irrelevant." 1 Cites 1 Citers [ Bailii ] Â Shropshire County Council v Michael David Wynne [1997] EWHC Admin 613 1 Jul 1997 Admn Land Criminal Justice and Public Order Act 1994 78 [ Bailii ] Â Â Wood v United Kingdom; ECHR 2-Jul-1997 - (1997) 24 EHRR CD 69; [1997] ECHR 200; 32540/96 Â First National Bank Plc v Frederick Kwesi Dickson [1997] EWCA Civ 2006 2 Jul 1997 CA Land Mortgagee's action for possession and arrears. [ Bailii ] Â Â National Trust for Places of Historic Interest or Natural Beauty v Ashbrook and Others; ChD 3-Jul-1997 - Times, 03 July 1997 Â In the Matter of an Application for Judicial Review R v Secretary of State for Home Department ex parte Stephen Andrews [1997] EWCA Civ 2029 4 Jul 1997 CA Land 1 Cites 1 Citers Â Regina v Secretary of State for Wales Ex Parte Emery Gazette, 23 July 1997; Times, 22 July 1997; [1997] EWCA Civ 2064; [1998] 4 All ER 367; [1997] EG 114 9 Jul 1997 CA Nourse, Roch, Phillips LJJ Land The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it had not been a reasonable conclusion for the Secretary of State to reach that the evidence submitted in support of the application made under section 53 (5) was not such as to indicate that a right of way was reasonably alleged to subsist. Highways Act 1980 31 - Highways Act 1981 53 - Wildlife and Countryside Act 1981 Sch 14 - National Parks and Access to the Countryside Act 1949 1 Cites [ Bailii ] Â Richard Burns v George Anthony and Eugenia Anthony [1997] EWCA Civ 2106 15 Jul 1997 CA Land, Limitation [ Bailii ] Â Martin and Martin v Butcher and Butcher and Perrin and Perrin [1997] EWCA Civ 2107 15 Jul 1997 CA Land [ Bailii ] Â King v Jackson (T/a Jackson Flower Company) [1997] EWCA Civ 2118; [1998] 1 EGLR 30 16 Jul 1997 CA Land, Contract, Landlord and Tenant, Damages The defendant appealed an award of £11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property. Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. "The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s “right to occupy” immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been." Law of Property (Miscellaneous Provisions) Act 1989 2 - Housing Act 1988 27 28 1 Cites 1 Citers [ Bailii ] Â Royal Bank of Scotland Plc v Freddy Jacob Ezekiel and others [1997] EWCA Civ 2149 18 Jul 1997 CA Land, Banking 1 Cites 1 Citers Â Shropshire County Council v Wynne Times, 22 July 1997 22 Jul 1997 QBD Land Magistrate considering application for order removing people unlawfully from land did not have discretion not to grant one if the application was made out. Criminal Justice and Public Order Act 1994 77 Â Â Lee v Parsons; CA 22-Jul-1997 - [1997] EWCA Civ 2154 Â Allied London Industrial Properties Limited v Castleguard Properties Limited [1997] EWCA Civ 2180 24 Jul 1997 CA Leggatt LJ, Morritt LJ, Brooke LJ Land The parties disputed the effect of a conveyance of land from 1985 and an associated deed of variation. The variation added an easement which was argued by the purchaser to have attached to the land, and was said by the vendor to have been personal only. Held: The appeal was dismissed. The judge had correctly identified that the draftsman had differentiated several times between provisions intended to enure for the benefit of successors and those which did not. Law of Property Act 1925 187(1) 1 Cites [ Bailii ] Â Chesterfield Properties Plc v Secretary of State for Environment; Secretary of State for Transport and Stockton-On-Tees Borough Council Times, 01 August 1997; [1997] EWHC Admin 709; (1997) 76 P & CR 117 24 Jul 1997 Admn Laws J Land When the Secretary of State was considering need for a compulsory purchase order, he need not formally consider whether it was likely actually to be used for purpose for which it was stated to be required. [ Bailii ] Â Sydney Edgar Hill v David Rosser [1997] EWCA Civ 2187 24 Jul 1997 CA Land, Limitation [ Bailii ] Â John Steeples v Merinda Lea [1998] 76 P & CR 157; [1997] EWCA Civ 2195 25 Jul 1997 CA Land Appeal in mortgage possession proceedings. 1 Citers [ Bailii ] Â Â McNeeny v Secretary of State for Environment and Secretary of State for Transport and South Gloucestershire Council (Successor Avon County Council); CA 31-Jul-1997 - [1997] EWCA Civ 2254 Â O'Keefe; O'Keefe v Secretary of State for Environment and Isle of Wight County Council Times, 05 August 1997; [1997] EWCA Civ 2219 5 Aug 1997 CA Land There was no obligation on the Secretary of State to hold an inquiry into the existence of a public right of way after the only objection to it has been withdrawn. [ Bailii ] Â Citibank International Plc v Inacinha Hawkins [1997] EWCA Civ 2297 13 Aug 1997 CA Land Possession proceedings. [ Bailii ] Â Bristol and West Building Society; Watchtower Investments Limited v Lawrence and Lawrence [1997] EWCA Civ 2300 14 Aug 1997 CA Land [ Bailii ] Â Regina v Secretary of State for Trade and Industry and Northern Electric Plc ex parte Peter Neville Wolf [1997] EWHC Admin 782 21 Aug 1997 Admn Sedley J Land, Utilities The landowner wanted to terminate a wayleave agreement. 1 Cites [ Bailii ] Â Â Rudra v National and Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd; CA 22-Aug-1997 - [1997] EWCA Civ 2310 Â Hutchings v Parker [1997] EWCA Civ 2329 5 Sep 1997 CA Land [ Bailii ] Â Regina v Secretary of State for Environment and Shropshire County Council ex parte Hilton Royle Parry [1997] EWHC Admin 814 18 Sep 1997 Admn Land Public footpath. [ Bailii ] Â Arthur Rumsey and Annie Rumsey v Norman Caleb Capel; Beatrice Margaret Capel and East Sussex County Council [1997] EWCA Civ 2352 18 Sep 1997 CA Land, Litigation Practice [ Bailii ] Â Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited v Scarborough Borough Council Times, 15 October 1997; [1997] EWHC QB 363 2 Oct 1997 QBD Nuisance, Land The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included. 1 Cites 1 Citers [ Bailii ] Â National Trust for Places of Historic Interest Or Natural Beauty v James Davidson and Jo-Anne Willies-Williams [1997] EWCA Civ 2424 6 Oct 1997 CA Land 1 Cites 1 Citers [ Bailii ] Â Bradford and Bingley Building Society v Ramesh Manchanda and Vanita Manchanda [1997] EWCA Civ 2420; [1997] EWCA Civ 2496 6 Oct 1997 CA Land [ Bailii ] - [ Bailii ] Â City of Westminster v William Gillespie and Janette Gillespie [1997] EWCA Civ 2465 13 Oct 1997 CA Land [ Bailii ] Â Tutt; Dorothy Mary Tutt v Brian Patrick Connell; Jean Margaret Connell; Ian Batchelor; Paula Ann Batchelor and Ian Batchelor; Paula Ann Batchelor v Eric Cambrai Tutt and Dorothy Mary Tutt [1997] EWCA Civ 2476 14 Oct 1997 CA Land The parties disputed a boundary between their properties. It followed a prolonged and expensive dispute over what was a small piece of land. Held: Acknowledging the caution required before overturning a judge's decision on the facts, there were here difficulties in the findings, and the decision could not be upheld. Appeal allowed 1 Cites [ Bailii ] Â Wheeler v Mulvaney and Mulvaney [1997] EWCA Civ 2483 15 Oct 1997 CA Land [ Bailii ] Â Collins (Pontefract) Limited v British Coal Corporation [1997] EWCA Civ 2499 16 Oct 1997 CA Land, Damages Coal Mining Subsidence Act 1991 [ Bailii ] Â Maile v Manchester City Council [1997] EWCA Civ 2498 16 Oct 1997 CA Land [ Bailii ] Â Â Mehta v Royal Bank of Scotland Plc; CA 17-Oct-1997 - [1997] EWCA Civ 2520 Â Bank of Baroda v Dhillon and Dhillon Times, 04 November 1997; [1997] EWCA Civ 2511 17 Oct 1997 CA Lord Justice Roch Mr Justice Cazalet Land A property had been bought in the husband's name. The wife made financial contributions to repayment of the charge, and thereby acquired an interest in it. The property was later charged by the paper owner to the claimant, who sought possession under that charge. The wife resisted. Held: The discretion of court to order the sale of a house under Act is not limited as against a party even though that party may have the prior interest. A sale ordered was ordered. Law of Property Act 1925 30 1 Cites [ Bailii ] Â Clarke and Clarke v O'Keefe and O'Keefe [1997] EWCA Civ 2539; (1997) 80 P&CR 126 21 Oct 1997 CA Peter Gibson LJ Land, Contract The plaintiff had bought from the vendor a piece of land, bordering a field retained by him. The conveyance plan showed a vegetation boundary with a dotted line, but its precise position on the ground was unclear to them both. Accordingly, they went out together and staked out the boundary. A subsequent purchaser of the field sought to challenge the agreed line, on the basis that it conflicted with the plan attached to the conveyance. Held: The argument was rejected. Peter Gibson LJ: "I have to say that it would seem to me to be somewhat absurd, in a case where there is no verbal description of the land such as would serve to identify its boundary accurately and where the plan is imprecise in showing the boundary as following a vegetation line in 1977, and where both vendor and purchasers agree its exact position, if the court were then to shut its eyes to evidence of what they agreed was the true boundary." 1 Cites 1 Citers [ Bailii ] Â Halstead (for Himself and Others, the Members of the Whalley Range Methodist Church Council and for the Custodian Trustees for Methodist Church Purposes) v Council of City of Manchester [1997] EWCA Civ 2555 23 Oct 1997 CA Land, Damages, Limitation Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed. Compulsory Purchase Act 1965 11(1) - Limitation Act 1980 9(1) 1 Cites [ Bailii ] Â Mitesh Devshi Shah v R A Pitcher [1997] EWCA Civ 2600 29 Oct 1997 CA Land [ Bailii ] Â Wendell Tsao v Secretary of State for Environment and City of Westminster [1997] EWHC Admin 967 3 Nov 1997 Admn Land, Local Government Appeal against compulsory purchase order - no grounds shown in law. [ Bailii ] Â Woolwich Building Society Plc v K D Chander and Y Chander [1997] EWCA Civ 2640 4 Nov 1997 CA Land Applicatin for suspension of warrant for committal pending appeal. [ Bailii ] Â Manchester City Council v Halstead Gazette, 05 November 1997; Times, 14 November 1997 5 Nov 1997 CA Land Interest is payable after a compulsory purchase strictly in accordance with the Act, even though this might lead to a windfall gain to the landowner because of the substantial delay in payment. Land Compensation Act 1961 5 Â Safdar v Hassan; Ahmed and Javid [1997] EWCA Civ 2676 7 Nov 1997 CA Land, Trusts [ Bailii ] Â George Trenchard v Secretary of State for Environment Devon County Council [1997] EWCA Civ 2670 7 Nov 1997 CA Land Application to quash Definitive Map order. [ Bailii ] Â Â Ratcliff v G R McConnell and others; CA 7-Nov-1997 - [1997] EWCA Civ 2679; [1999] 1 WLR 670 Â Alan Wibberley Building Ltd v Insley Times, 24 November 1997; Gazette, 26 November 1997; [1997] EWCA Civ 2698; [1998] 1 WLR 881; [1998] 2 All ER 82 12 Nov 1997 CA Lord Justice Simon Brown, Lord Justice Ward, Lord Justice Judge Land Where adjoining fields are separated by a hedge and a ditch, who owns the ditch? Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS plan. The Ordnance Survey does not fix private boundaries. The purpose of the survey is topographical, not taxative. Even the most detailed Ordnance Survey map may not show every feature on the ground which can be used to identify the extent of the owner's land. Judge LJ (dissenting) said of the hedge and ditch rule: "I can see no basis for trivialising this principle. In large areas of the countryside it is well understood and has indeed ensured that those with a boundary formed by a hedge and ditch know exactly where they stand without recourse to legal advice or litigation." 1 Cites 1 Citers [ Bailii ] Â HL (4) Limited v Walter Ambrosini and Another [1997] EWCA Civ 2743 18 Nov 1997 CA Land Suspension of possession order under legal charge. [ Bailii ] Â Affleck v Shorefield Holidays Limited [1997] EWCA Civ 2748 18 Nov 1997 CA Land [ Bailii ] Â Â Minor v Groves; CA 20-Nov-1997 - Times, 20 November 1997; [1997] EWCA Civ 2565; (2000) P & C R 136 Â Kent County Council v Upchurch River Valley Golf Course Limited [1997] EWHC Admin 1035 21 Nov 1997 Admn Land, Local Government The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed. Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means. Highways Act 1990 130 1 Cites [ Bailii ] Â Gregory and Another v Hall and Another [1997] EWCA Civ 2787 21 Nov 1997 CA Land Renewed application for leave to appeal out of time - boundary dispute. [ Bailii ] Â Â Regina v Oxfordshire County Council ex parte Sunningwell Parish Council; CA 24-Nov-1997 - [1997] EWCA Civ 2807; [2006] Ch 43 Â Bradford and Bingley Building Society v Methven [1997] EWCA Civ 2833 27 Nov 1997 CA Land Application for leave to appeal against order for possession in mortgage action. [ Bailii ] Â Regina v Secretary of State for Environment ex parte Slot [1997] EWCA Civ 2845 27 Nov 1997 CA Land Appeal against refusal to confirm a bridleway. Highways Act 1980 [ Bailii ] Â Rockliffe and Rockliffe v Thompson and Thompson [1997] EWCA Civ 2864 28 Nov 1997 CA Land, Torts - Other [ Bailii ] Â Regina v Northamptonshire County Council ex parte Kathy Addison and Others [1997] EWHC Admin 1079 3 Dec 1997 Admn Land The applicants, travellers, sought to challenge orders under the Act requiring them to move on. Held: The authority had made appropriate enquiries for their protection and leave was refused. Criminal Justice and Public Order Act 1994 74 [ Bailii ] Â Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) v Scarborough Borough Council [1997] EWHC QB 355 5 Dec 1997 QBD Land, Damages 1 Cites 1 Citers [ Bailii ] Â Hawa Hassan Moalim v Esme Baker [1997] EWCA Civ 2949 10 Dec 1997 CA Roch, Millett LJJ Land, Nuisance Application of Defendant for an extension of time with appeal to follow if granted. [ Bailii ] Â Â Ropaigealach v Barclays Bank plc (1); CA 11-Dec-1997 - [1997] EWCA Civ 2969 Â Regina v Secretary of State for the Environment Ex Parte Slot Times, 11 December 1997 11 Dec 1997 CA Land An applicant for the diversion of a bridleway had the right to make independent representations as to objections received from third parties. Highways Act 1980 119 Â Edith Alice Billington (By Jack Johnson Billington Her Next Friend) Thomas Joseph Billington Edith Annie Warburton v Joan Blackshaw [1997] EWCA Civ 3003 16 Dec 1997 CA Land The court had set aside a conveyance at an undervalue by a mother to one of her children. There was evidence to doubt her capacity at the time. Held: There was evidence of senile dementia, and the presumption applied. The judge had dealt fairly with the appellants, and the appeal was denied. 1 Cites [ Bailii ] Â Mattathion Haron v Gladstone Williams and R Williams [1997] EWCA Civ 3023 17 Dec 1997 CA Land, Housing Application for leave to appeal against possession order. [ Bailii ] Â Hillman and Hillman v Rogers and Rogers [1997] EWCA Civ 3069 19 Dec 1997 CA Robert Walker LJ Land The parties disputed rights of way. The court considered the use of extrinsic evidence to construe the conveyance at issue. Robert Walker LJ: "It is to my mind clearly a case in which the court needs all the help it can get, and is entitled to make use of all the help it can get, from extrinsic evidence: see the observations of Megarry J in Neilson v Poole." 1 Cites 1 Citers [ Bailii ] Â Â Adair v National Trust for Places of Historic Interest or Natural Beauty and Another (Northern Ireland); ChD 19-Dec-1997 - Times, 19 December 1997 Â David L J Wells v Bournemouth Borough Council LCA/171/1997 31 Dec 1997 LT Land Â Walker & Partners Ltd v The Coal Authority LCA/48/1997 31 Dec 1997 LT Land Â Mr P M Hooper v City & County of Swansea ACQ/68/1997 31 Dec 1997 LT Land [ LT ] Â Farrel v First National Bank Plc and Another ACQ/10/1997 31 Dec 1997 LT Land [ LT ] Â BRB (Residuary) Ltd v South Yorkshire Passenger Transport Executive ACQ/32/1997 31 Dec 1997 LT Land Â Â Nicholls v Highways Agency; LT 31-Dec-1997 - ACQ/141/1997 Â
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