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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: 2003 To: 2003

This page lists 145 cases, and was prepared on 02 April 2018.

 
R G Kensington Management Co Ltd v Hutchinson IDH Ltd [2003] 2 P and CR 13
2003
ChD
Neuberger J
Land, Contract
Neuberger J decided that he could not follow the court in Jelson, saying: "The defendant's case is that the reference to "the parties" in s.2(3) is to the parties to the proposed conveyance or transfer. Two strands of authority are put forward as supporting that contention. First, that the purpose of s. 2 was to introduce a new and strict regime in relation to contracts for the creation or transfer of interests in land, can be seen from observations of the Court of Appeal in First Post Home Ltd v. Johnson [1995] 1 W.L.R. 1567 at 1571B to H, and McCausland v. Duncan Laurie & Partners [1997] 1 W.L.R. 38 at 44G. Secondly, the result for which the defendant contends is compelled by the reasoning and decision at first instance in this division of Mr David Mackie Q.C. in Jolson [sic] Ltd v. Derby County Council [1999] 3 E.G.L.R. 1991. Despite these authorities, I reject the defendant's case on s.2.
The purpose and effect of s.2 is to be assessed by reference to the words used by the legislature, and nothing said by the Court of Appeal suggests otherwise. Those words are to be given their natural meaning unless there is some very good reason to the contrary. The closing words of s.2(3) require the contract, or the parts of the contract to be signed by 'each party to the contract', not by 'each party to the prospective conveyance or transfer'. In this case that means that the freehold agreement must be signed by the parties to it, the defendant and Mr Caan. Kensington is not a party to the freehold agreement and, as it is not a party to that contract, it seems there is no reason to require it to sign it. I see no reason to give an artificial meaning to s.2(3) as the defendant's argument involves, nor do I consider it permissible to do so. Mr Dowding, in his concise submissions on this issue, said that it would be consistent with the spirit of s.2 if a contract such as the freehold agreement could only be enforced in Kensington's favour if it could be enforced against Kensington. I accept, that the freehold agreement could not be enforced against Kensington unless Kensington had signed it. Accordingly, I see the force of the point, but there is nothing to suggest that the legislature had that sort of consideration in mind when enacting s.2. To give s.2 the meaning and effect that the defendant contends for, would involve an impermissible re-writing and extension or extension of s.2(3). It would also involve giving s.2 a greater degree of interference with Common Law rights and freedom to contract than it naturally bears.
I am not obliged to follow Jolson, but I should only depart from it if I am satisfied that it was wrongly decided, I am clear in my mind that it cannot be supported. It is fair to say that, at least judging from the report, it appears that the simple argument as to why s.2 does not preclude the enforcement of a contract such as the freehold agreement, which causes me to reject the defendant's case, does not seem to have been raised in terms in Jolson—see the summary of the losing argument at [1999] 3 EGLR 96 B to E."
Law of Property (Miscellaneous Provisions) Act 1989 82
1 Cites

1 Citers


 
Hampshire Waste Services Ltd v Persons Intending to Trespass and/or Trespassing upon Incinerator Sites [2003] EWHC 1738 (Ch)
2003
ChD
Sir Andrew Morritt V-C
Land, Litigation Practice
The court granted an interlocutory injunction to restrain unknown trespassers from entering land.
1 Citers



 
 Tennaro Ltd v Majorarch; 2003 - [2003] EWHC 2601
 
Parker v Beckett [2003] EWLands LRX_35_2002
6 Jan 2003
LT

Land

[ Bailii ]
 
Archer Ltd v Robinson (Valuation Officer) [2003] EWLands RA_19_2002
6 Jan 2003
LT

Land

[ Bailii ]
 
Wrexham Mining Ltd v Flintshire County Council [2003] EWLands ACQ_87_2002
15 Jan 2003
LT

Land
LT COMPENSATION - Compulsory acquisition of former open-cast colliery land - value - effect of obligations under a section 106 agreement - compensation awarded £1.00
[ Bailii ]
 
Leicestershire County Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs [2003] EWHC 171 (Admin)
20 Jan 2003
Admn
Mr Justice Collins
Land
Application was made to modfy the definitive map, moving a right of way by removing the right over one plot of land and creating another over other land.
Wildlife and Countryside Act 1981 Sch15
1 Citers

[ Bailii ]
 
Acton and Others, Re [2003] EWLands LRA_41_2002
20 Jan 2003
LT

Land

[ Bailii ]
 
Acton and Others, Re [2003] EWLands LRA_40_2002
20 Jan 2003
LT

Land

[ Bailii ]
 
Central Midlands Estates Ltd v Leicester Dyers Ltd Times, 18 February 2003; Gazette, 20 March 2003; [2003] All ER (D) 141
21 Jan 2003
ChD
Engelhart QC J
Land
The claimant sought a declaration that the caution registered by the defendant should be vacated. The defendant asserted acquisition by prescription either of an easement or of the land itself. They had parked vehicles on the land. Held: Whilst it was possible to acquire an easement of parking over land, this was not possible where the extent claimed was such as to extinguish the servient owner's enjoyment of his land, and to render his occupation illusory. Nor had the defendant acquired title by adverse possession, and nor had the land become a public right of way.
Engelhart QC J added a further ground for rejecting a claim in prescription: "I am unable to accept that such parking as there was, whether by Leicester Dyers employees or delivery men when making deliveries, can properly be categorised as user as of right by Leicester Dyers itself. It must be remembered that, where an easement exists, it can only do so for the benefit of the dominant tenement. The personal convenience of individual employees or delivery men is not enough."
Highways Act 1980 31
1 Citers


 
Bayoumi v Women's Total Abstinence Union Ltd and Another Times, 04 February 2003; Gazette, 13 March 2003; [2003] Ch 283; [2003] EWHC 212; [2003] 2 WLR 1287; [2003] 1 All ER 864; [2003] WTLR 317; (2003) 100(10) LSG 27; [2003] 1 P & CR DG21
21 Jan 2003
ChD
Simon Berry QC
Charity, Land
The claimant sought specific performance of a contract to purchase land from the defendant charity. The defendant had not complied with its obligations under the Act. The cliamant sought to say at the transaction came within s36(3) (that it was 'sold') and that he had acted in good faith. Held: The Act allowed a disposition of charity land in breach of the Act's requirements, but used different terms in different sections. S37(4) which might otherwise have saved the contract referred to land which had been 'sold leased or otherwise of by a disposition' and was intended only to apply to a completed transaction or effected disposition. The transaction here was as yet executory, and specific performance could not be granted.
Charities Act 1993 36(1) 36(5) 37(4)
1 Cites

1 Citers


 
Well Barn Shoot Limited and Well Barn Farming Limited v Shackleton and Another [2003] EWCA Civ 2
22 Jan 2003
CA
Lord Justice Potter Lord Justice Sedley Lord Justice Carnwath
Land
The defendants had been tenant farmers of the plaintiff company which retained shooting rights over the land when part was sold to the defendants. The defendant object to the use of a roadway by the plaintiff. The plaintiff sought to repurchase the land arguing that the shooting rights substantially reduced the value. The defendant sought residential development of the land. Held: The right of way was not to be interpreted too closely. No rectification was to be ordered since though the defendant knew of the plaintiff's mistake, his position as reflected in the final form of deed was as he had said he insisted upon. The plaintiff argued that the residential development of the land would impede the sporting rights granted. As to the negative declaration ordered, the judge had correctly exercised his discretion.
1 Cites

1 Citers

[ Bailii ]
 
Mean Fiddler Holdings Ltd v Islington [2003] EWCA Civ 160
24 Jan 2003
CA

Land, Damages

Land Compensation Act
[ Bailii ]
 
Halliday v Secretary of State for Transport [2003] EWLands BNO_129_2002
24 Jan 2003
LT

Land

[ Bailii ]
 
Roland Brandwood and others v Bakewell Management Ltd Times, 05 February 2003; [2003] EWCA Civ 23; Gazette, 20 March 2003
30 Jan 2003
CA
Lord Justice Ward, Lady Justice Arden, Mr Justice Sullivan
Land, Limitation
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles (as opposed to use by foot) was specifically an offence under the 1925 Act. Unlawful acts could not be relied upon to found a claim to an easement based upon prescription. This court was bound by clear previous authority, with which it agreed. To apply the doctrine of lost modern grant it was necessary to identify who might have been the parties to such a transaction. None could be found in this case.
Law of Property Act 1925 193 - Countryside and Rights of Way Act 2000 68 - Vehicular Access Across Common and Other Land (England) Regulations 2002 11 - Prescription Act 1832 2
1 Cites

1 Citers

[ Bailii ]
 
Malcolm Electropainting Group v West Midlands Passenger Transport Executive [2003] EWLands ACQ_59_2002
4 Feb 2003
LT

Land

[ Bailii ]
 
Joyce Chaitlal and Ganga Persad Chaitlal (in substitution for Kanhai Mahase, deceased) Dhanierami Jaglal and Maharani Jaglal v Chanderlal Ramlal [2003] UKPC 12
5 Feb 2003
PC
Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Sir Martin Nourse
Commonwealth, Land, Contract
PC (Trinidad and Tobago) The purchaser sought specific performance of an open contract for the sale of land. Held: If and in so far as a contract for the sale of land does not specify a time for completion, the law allows an implication that completion is to take place after a time which is reasonable in all the circumstances.
1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Darby v First Secretary of State and Another [2003] EWHC 299 (Admin)
5 Feb 2003
Admn

Land
Footpath
Wildlife and Countryside Act 1981
[ Bailii ]
 
Scottish Equitable Plc v Thompson and Another [2003] EWCA Civ 211; [2003] HLR 48
6 Feb 2003
CA

Land, Limitation
The mortgage deed, which was a second mortgage, did not contain any express covenant to repay the principal sum, but only for monthly interest instalments with no element of capital repayment, since the principal was to be paid from an insurance policy. The property was re-possessed and sold, leaving nothing for the second mortgagee after the first mortgage was repaid. At first instance ir was found that the relevant cause of action for the shortfall, which occurred on the sale by the mortgagee, was not an action on a specialty within s8, but a simple contract debt governed by section 5 of the 1980 Act and that the claim was statute barred after 6 years from the accrual of the cause of action. Held: Bartlett applied. s20(1) was of no relevance, as the property had been sold and the principal sum was no longer secured by a mortgage on property. With no express covenant to repay the whole of the principal sum on a particular date or in a specified event, no date for the actual repayment of the principal sum could be identified in the mortgage deed. The claim for the shortfall was a simple contract debt, which became statute barred after 6 years.
Limitation Act 1980 8 5
1 Cites

1 Citers

[ Bailii ]

 
 Druce v Druce; CA 11-Feb-2003 - [2003] EWCA Civ 535
 
Rhondda Cynon Taff Borough Council v Watkins [2003] EWCA Civ 129
12 Feb 2003
CA
Lord Justice Schiemann Lady Justice Arden Mr Justice Aikens
Land
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: "anyone who has possession of land can maintain an action for possession against anyone who does not have a superior title to be in possession. Mr Watkins had a right to possession which was superior to anyone else's right to possess with one exception - the Council : the Council's right to possession stemming from statute trumped his right to possession stemming from his paper title. Had the council brought an action for possession against him in April of 1966 it would have won. It follows that the Council's right of action accrued in 1966" The council relied upon the deed poll, saying that there was no applicable statutory provision for the transfer of the land and that therefore the deed poll was open to them. There had been no reason for the defendant to have challenged the deed poll, and the limitation period was not restarted. The deed poll had been executed at a time when the council no longer intended to use the land for the purpose of the original compulsory purchase, and the deed poll was invalid. The landowner's appeal succeeded.
Limitation Act 1980 15 - Acquisition of Land (Authorisation Procedure) Act 1946 - Lands Clauses Consolidation Act 1845
1 Cites

[ Bailii ]
 
Ddungu v Commission for the New Towns [2003] EWLands ACQ_195_2000
14 Feb 2003
LT

Land
LT COMPENSATION – compulsory acquisition of long leasehold flat on a system built estate – comparables – compensation of £41,000 awarded
[ Bailii ]
 
Hayward v Jackson Times, 27 February 2003; [2003] EWHC 253 (Ch); Gazette, 03 April 2003
18 Feb 2003
ChD
Mr Justice Lawrence Collins
Wills and Probate, Land
The claimant had been given an option in the will to purchase land from the estate, but the price was not fixed before it expired. The executors asserted that the option had lapsed. Held: In this case there was no explicit gift over in the will if the option lapsed, and no other detriment was suffered by the delay. The delay had been caused by the Capital Taxes Office's failure to agree a value for the land. Time should not be taken to be of the essence, and the option remained exercisable. There was no distinction to be made here in interpreting wills between a gift and an option.
1 Cites

[ Bailii ]
 
Veena Sa v Cheong [2003] EWLands LRX_45_2000
20 Feb 2003
LT

Land

[ Bailii ]
 
Veena Sa v Cheong [2003] EWLands LRX_20_2002
20 Feb 2003
LT

Land

[ Bailii ]
 
Partan Company Ltd, Re [2003] EWLands LRX_37_2002
20 Feb 2003
LT

Land

[ Bailii ]
 
Veena Sa v Cheong [2003] EWLands LRX_45_2002
20 Feb 2003
LT

Land

[ Bailii ]
 
Russell and others v Finn [2003] EWCA Civ 399
20 Feb 2003
CA

Land
Grant of rights of way.
[ Bailii ]
 
Railtrack Plc (In Railway Administration) v Guinness Limited Times, 03 March 2003; [2003] EWCA Civ 188; [2003] RVR 280
20 Feb 2003
CA
Lord Justice Aldous Lord Justice Carnwath Sir Denis Henry
Land, Litigation Practice
The case involved an appeal from the Land's Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a "a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves". The Act said 'if sold in the open market by a willing seller' Held: Legislation had limited the amount of compensation to be paid where there was any urgency by deeming the seller to be willing. If it is intended to rely on a complex valuation exercise, based on a computer model, a common model should be agreed. There did appear to be a possibility of double counting on some element of the claim, and limited leave was given. The parties should work together to simplify the figures, issues and presentation for the court.

When dealing with appeals from a specialist tribunal, "issues of law in this context are not narrowly understood." "The court can correct 'all kinds of error of law, including errors which might otherwise be the subject of judicial review proceedings' (R v Inland Revenue Comrs, Ex p Preston [1985] AC 835, 862 per Lord Templeman; see also de Smith, Woolf & Jowell, Judicial Review of Administrative Action, 5th ed (1995), p 686, para 15-076). Thus, for example, a material breach of the rules of natural justice will be treated as an error of law. Furthermore, judicial review (and therefore an appeal on law) may in appropriate cases be available where the decision is reached 'upon an incorrect basis of fact', due to misunderstanding or ignorance (see R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions [2003] 2 AC 295, 321, para 53, per Lord Slynn of Hadley). A failure of reasoning may not in itself establish an error of law, but it may "indicate that the tribunal had never properly considered the matter … and that the proper thought processes have not been gone through' (Crake v Supplementary Benefits Commission [1982] 1 All ER 492, 508)."
Land Compensation Act 1961 5
1 Cites

1 Citers

[ Bailii ]
 
Langley and others v Coal Authority Times, 31 March 2003; [2003] EWCA Civ 204
21 Feb 2003
CA
Peter Gibson, Mance LJJ, Hopper J
Utilities, Damages, Land
The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation. Held: The section allowed the Authority to elect either to pay compensation equal to the diminution of value in the property, or to execute works to re-instate the property. Having not made such an election, the Authority was obliged to carry out the works. That remaining duty was unaffected by the amount of costs which would have had to be allowed for if an election had been made.
Coal Mining Subsidence Act 1991 6(2)
[ Bailii ]
 
Dano Ltd v Earl Cadogan and others Times, 14 March 2003
21 Feb 2003
ChD
Etherton J
Land
A conveyance contained a covenant from 1929 restricting use of the land to the provision of housing for 'the working classes.' The land owner sought a declaration that the covenant was no longer enforceable on the grounds of vagueness. Held: In fact the respondent no longer owned any land capable of benefiting from the covenant, and accordingly it was no longer valid. However, if the issue had been live, the court would have held that the term 'working classes' remained meaningful. There was no difficulty interpreting the term to accord with current useages.
1 Cites

1 Citers


 
Peart v Secretary of State for Transport, Local Government and the Regions [2003] EWCA Civ 295
25 Feb 2003
CA

Land, Local Government

[ Bailii ]

 
 Donoghue v Folkestone Properties Limited; CA 27-Feb-2003 - [2003] EWCA Civ 231; Times, 10 March 2003; Gazette, 01 May 2003; [2003] 2 WLR 1138; [2003] QB 1008
 
Williams v Williams and Another [2003] EWHC 742 (Ch)
27 Feb 2003
ChD
Garnett J
Land
Application for declaration that deed of gift of share of house was void for lack of mental capacity in the donor.
Trusts of Land and Appointment of Trustees Act 1996
[ Bailii ]
 
Green v The Right Honourable Lord Somerleyton and others [2003] EWCA Civ 198; Gazette, 13 March 2003
28 Feb 2003
CA
Lord Justice Jonathan Parker Lord Justice Schiemann Sir Christopher Staughton
Land, Nuisance
The parties owned areas of marshland divided by a road. The claimant sought a declaration that the defendants had no right to allow floodwater to escape over his land from what he said was an artificial reservoir on the defendant's land. The claimant's claim under Rylands had been rejected, but he appealed his claim in nuisance. The defendants sought a declaration of an easement of drainage. The land had previously been in one ownership. Various deeds had provided for mutual rights and arbitration. Changes in water flow had lead to dykes becoming silted up. Held: If a Leakey duty arose on the defendants, it had been discharged. Also the earlier deeds had done enough to resreve implied easements of drainage.
1 Cites

1 Citers

[ Bailii ]
 
Sandhu and Another v Farooqui and Another [2003] EWCA Civ 531
3 Mar 2003
CA
Auld, Chadwick, Mummery LJJ
Land
A claim to title by adverse possession was made by a purchaser of a flat owned by the defendants who had been let into possession pending completion of the intended sale, which completion never in fact occurred. Held: Chadwick LJ said: "In this case the terms of the licence have to be implied. What terms should the court imply? In particular, should the court ... imply a term that the licence will determine automatically as soon as there is no real prospect of the transaction proceeding to completion, whether or not both parties appreciate that. Or is it necessary to imply a term that the licence continue, until and unless one party does something to communicate to the other that the transaction is no longer to proceed to completion?" . . And: "I accept that the term to be implied is that the licence will determine when it is no longer required; that is to say, when the parties are no longer proceeding towards completion of the transaction in relation to which the licence to occupy has been given. But such a term will be unworkable in practice unless (and so must itself require that) the intention not to proceed is communicated.
I would not hold that the intention not to proceed needs to be communicated in express terms (although that will be the usual case). In the usual case either the proposed vendor or the proposed purchaser (or their respective agents) will write to the other in terms which make it clear that the party is no longer proceeding towards an exchange of contracts, or towards completion of the transaction without an exchange of contracts. But there may be sufficient indication from what one is doing, to the knowledge of the other, that a court will hold that a reasonable person, with that knowledge, would appreciate that the transaction is not going to proceed.
What is essential, in my view, is that there should be some mutual communication from which the objective observer could deduce that each would appreciate that the transaction is no longer proceeding. That element is missing in this case."
1 Citers

[ Bailii ]
 
Sargeant and Another v Macepark (Whittlebury) Ltd Times, 29 March 2003; Gazette, 15 May 2003
5 Mar 2003
ChD
Gabriel Moss QC
Land
The servient owner granted a lease of easements to the dominant owner, to provide a means of access to the dominant land, and from the dominant land (an hotel) to the Silverstone racing circuit. Subsequently the hotel owner negotiated a more direct easement to the hcircuit, and was to pay for it. The dominant owner claimed that the people using the leased easements would, by exiting the dominant land over the new easement, be benefitting that land. Held: Such ancillary use for the non-dominant land was a benefit outside the scope of an easement unless there was either no benefit or profit to the non-dominant land, or the exetent of the use of the non-dominant land was insubstantial. Here the proposed use of the 'exit' easement could not be described as insubstantial.
1 Cites


 
Pozzuto, Di Iulio v Iacovides [2003] EWHC 431 (Ch)
7 Mar 2003
ChD
Mr Justice Lawrence Collins
Land, Insolvency, Trusts

[ Bailii ]
 
Corozal Free Zone Development Ltd v Flynagen Ltd (Belize) [2003] UKPC 20
10 Mar 2003
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Scott of Foscote
Land, Commonwealth, Contract
PC Belize
[ PC ] - [ Bailii ]

 
 Broomhead and Others, Re Law of Property Act 1925; LT 13-Mar-2003 - [2003] EWLands LP_7_2001
 
Pennington v Burnley Borough Council [2003] EWLands ACQ_102_2002
14 Mar 2003
LT

Land

[ Bailii ]
 
The Royal Bank of Trinidad and Tobago v Persad and Lakhan [2003] UKPC 21
17 Mar 2003
PC
Lord Bingham of Cornhill, Lord Hoffmann, Lord Hutton, Lord Millett, Lord Walker of Gestingthorpe
Land
PC Trinidad and Tobago
[ PC ] - [ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
William Alexander McLennan and Wilson I McLennan and Others v The Attorney General [2003] UKPC 25
19 Mar 2003
PC
Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Hutton, Lord Millett, Lord Rodger of Earlsferry
Commonwealth, Land, Contract
PC (New Zealand) Land had been acquired by compulsory purchase, but was no longer needed. Offers were made for the sale but lapsed. Further offers and counter offers were made. Held: The statutory requirement to sell did not allow additional terms and conditions. Equally there was no ability for the offeree to extend the time for acceptance, and the Crown became free to sell the land on the terms it could negotiate. An acceptance was conditional, and amounted to a counter-offer which was not accepted and there was no binding contract.
Public Works Act 1981 (New Zealand) 40(5)
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Konstantinidis v Townsend [2003] EWCA Civ 537
20 Mar 2003
CA

Land

[ Bailii ]
 
Konstantinidis v Townsend (2) [2003] EWCA Civ 538
20 Mar 2003
CA

Land

[ Bailii ]
 
H L Estates Limited, Wynford Newman Dore v Parker-Lake Homes Limited [2003] EWHC 604 (Ch)
20 Mar 2003
ChD
Her Honour Judge Frances Kirkham
Contract, Land

1 Cites

[ Bailii ]
 
Wilson v Truelove Times, 21 February 2003; Gazette, 13 March 2003; Gazette, 10 April 2003; [2003] EWHC 750 (Ch); [2003] 23 EG 136; [2003] 2 EGLR 63; [2003] 10 EG 164; [2003] WTLR 609
25 Mar 2003
ChD
Simon Berry QC
Land, Equity, Estoppel
The claimants requested a declaration that an option to repurchase land was void under the 1964 Act. Held: The option to repurchase land was prima facie void. The right arose on the coming into existence of the agreement, or at the latest on the original purchase. The defendants sought assistance in equity under an estoppel by convention. The fact that the defendant's right arose under statute did not prevent equity overriding that right. To establish an estoppel generally it was necessary to identify some unconscionable conduct on the part of the defendant. None was shown here. To establish an estoppel by convention, there was no requirement for unconscionable behaviour, but it was necessary to show some common mistake as to the meaning of the contract, followed by a course of conduct establishing reliance upon that conventional interpretation. That was absent here. The parties were merely mistaken.
Perpetuities and Accumulations Act 1964 9(2)
1 Cites

1 Citers

[ Bailii ]
 
Ryde International Plc v London Regional Transport [2003] EWLands ACQ_147_2000
28 Mar 2003
LT

Land

[ Bailii ]
 
Hayling v Harper and Another [2003] EWCA Civ 1147
2 Apr 2003
CA
Ward LJ
Land, Road Traffic
The case asked whether vehicular user of a public footpath in breach of section 34(1) of the 1988 Act could lead to the acquisition by prescription of a public right of way. Held: Hanning barred a claim to the easement under section 2 of the 1832 Act. The user relied on had been illegal since 1930 and the claimants could not, therefore, rely on the user between 1930 and the commencement of the proceedings. The evidence of user pre 1930 enabled the claimants to establish the acquisition of an easement by lost modern grant before the advent of section 14 of the Road Traffic Act 1930.
Road Traffic Act 1988 - Prescription Act 1832 2 - Road Traffic Act 1930 14
1 Cites

1 Citers

[ Bailii ]
 
Chater v Mortgage Agency Services Number Two Ltd [2003] EWCA Civ 490
3 Apr 2003
CA

Land, Banking
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession. Held: The wife had been unaware of the charge, and had not been made party to the proceedings. Nevertheless, the judgment was properly obtained, and the judge had no power to re-instate the claimant. Appeal allowed.
Administration of Justice Act 1970 36(2)
1 Cites

1 Citers

[ Bailii ]
 
Dennis and Dennis v Ministry of Defence [2003] EWHC 793 (QB); Times, 06 May 2003; [2003] 2 EGLR 121
16 Apr 2003
QBD
The Honourable Mr Justice Buckley
Nuisance, Human Rights, Land
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle effect. The question arose whether and in what circumstances a sufficient public interest can amount to a defence to a claim in nuisance. Held: The noise was a continuing nuisance, and no question of limitation arose. The Harriers were not an oirdinary use of land, within the legal meaning of that phrase. Major developments in any society will interfere with the private enjoyment of nearby land. There was no statute here, only the fact that the noise had escalated. The public interest clearly demands that RAF Wittering should continue to train pilots, and a declaration should not be granted, and the losses were capable of financial satisfaction. There was an interference both with Article 1 and Article 8 rights, but damages would provide just satisfaction.
European Convention on Human Rights 1 8
1 Cites

1 Citers

[ Bailii ]
 
Collins v Howard De Walden Estates Limited [2003] EWCA Civ 545; Gazette, 09 May 2003
16 Apr 2003
CA
Lord Justice Aldous Lord Justice Dyson
Land, Landlord and Tenant
The tenant sought the right to purchase the freehold reversion. Her landlord resisted saying that the properties were excluded from enfranchisement being divided vertically. Held: The cases are fact dependent, and earlier precedents must be treated with caution after Malekshad. The words "which may reasonably be called a house" are words of limitation. The buildings in this case were not divided vertically in the manner contemplated by section 2(1)(b). Appeal dismissed
Leasehold Reform Act 1987 1 2(1)(b)
1 Cites

[ Bailii ]
 
Mercury Taverns Plc v Coventry City Council [2003] EWLands ACQ_3_2002
17 Apr 2003
LT

Land

[ Bailii ]
 
Kolb and Others v Austria 35021/97; 45774/99; [2003] ECHR 179
17 Apr 2003
ECHR
CL Rozakis, President, G. Bonello, P. Lorenzen N. Vajic, S. Botoucharova, V. Zagrebelsky, E. Steiner, Judges, S. Nielsen
Human Rights, Land
The applicants alleged, in particular, that the length of land consolidation proceedings involving their property exceeded the “reasonable time” requirement of Article 6 of the Convention. The first applicant also complained about hearings in camera. They were farmers living in Stumm. On 7 July 1966 the Tirol Regional Government as the Agricultural Authority of First Instance (Landesregierung als Agrarbehörde erster Instanz - “the Agricultural Authority”) instituted land consolidation proceedings (Zusammenlegungsverfahren) involving property belonging to the first applicant, the second applicant’s mother, the third applicant and the fourth applicant’s father. Some appeal hearings were held in camera.
European Convention on Human Rights 6.1
[ Bailii ]
 
International Ferry Traders Ltd v Adur District Council [2003] EWLands LCA_131_2000
25 Apr 2003
LT

Land

[ Bailii ]
 
Moreau v De Walden [2003] EWLands LRA_2_2002
30 Apr 2003
LT

Land

[ Bailii ]
 
Merer v Fisher and Another [2003] EWCA Civ 747
13 May 2003
CA
Lord Justice Potter, Lord Justice Mummery And Lady Justice Arden
Land, Contract, Litigation Practice
A right of pre-emption had misdescribed the property when it was registered. The land was transferred without regard to the right of pre-emption. It was found as a fact that no money passed for the transfer, and the claimants said the unregistered right of pre-emption was, under the Act, only void as against a purchaser for value. The defendant sought to challenge the finding as to consideration. Held: The question on appeal is whether the evidence on which the judge did not make findings, expressly or by implication, demonstrates that the judge's conclusion on the question as to the existence of the arrangement was plainly wrong. That was not established, and that part of the judgement stood. The claimant sought specific performance, the judge had refused it, but Sudbrook was to be distinguished and an order for specific performance granted.
Land Charges Act 1925 4(6)
1 Cites

[ Bailii ]
 
Fraser and Another v Canterbury Diocesan Board of Finance and Another [2003] EWHC 1075 (Ch)
14 May 2003
Chd
The Honourable Mr Justice Lewison
Land, Trusts
The claimants sought to assert that land acquired under the 1841 Act reverted to them on its ceasing to be used for the purposes of a school. Lewison J summarised the evidence: "An analysis of the school registers for 1931 to 1947 shows that the children came from a variety of housing stock. Some came from what were, historically, middle-class streets of owner-occupied houses. Mr Harris lived in one such street, and his father, who worked for the local electricity board, owned his own house. An examination of the Maidstone rate-books for this period shows that some of the children lived in houses with high rateable values. I was shown photographs of some of these houses which were plainly comfortable and relatively spacious houses. However, further analysis by Mr Neil Fraser demonstrated that many of the higher rated houses appeared to have been in multiple occupation and others of them may well have been highly rated because the hereditament also included a shop. In the case of those children who lived in hereditaments including a shop, they may have been the children of 'tradesmen', who were specifically mentioned in the 1851 Act, but not in the conveyance.
Mr Harris said in his evidence that the former parish of St Philip contains a variety of housing including premises which belonged to the local authority and premises in and around Stone Street, Maidstone which would certainly have been occupied by the poorer classes. He, however, lived in a 'better class area', as did a friend of his, who also attended St Philip's and was the son of a police inspector. He concluded that, having looked at the register, there were clearly a mixed variety of pupils being admitted to the school, some from very obviously poor backgrounds but some clearly from a more wealthy area." The defendants argued that the trustees of the school had used the land for purposes outside the terms of the original trusts, and that they acquired a title outside the Act, which title was the one acquired by them. Held: "If land is conveyed to be held on trust for purpose A and for no other purpose, and the trustees use the land for purpose A and also for purpose B, it seems to me that they are using it for two purposes, one of which is permitted by the trust and the other of which is not. What they have not done is to cease to use the land for purpose A merely because they are also using it for purpose B."
School Sites Act 1841
1 Cites

1 Citers

[ Bailii ]
 
Owen v Highways Agency [2003] EWLands LCA_37_2002
16 May 2003
LT

Land
LT COMPENSATION - preliminary issue - Land Compensation Act 1973 Part I - house affected by road traffic noise - whether claimant owner at relevant date - whether claim statute-barred - held claimant not entitled to make claim
Land Compensation Act 1973
[ Bailii ]
 
Queens Cross Housing Association Limited Against A Decision of the Lands Tribunal of Scotland Dated 22 November 2001 [2003] ScotCS 144
16 May 2003
IHCS
Lord Kirkwood and Lord Weir and Lord Justice Clerk
Scotland, Land

[ Bailii ] - [ ScotC ]
 
Pound v Ashford Borough Council Times, 06 June 2003; Gazette, 10 July 2003
16 May 2003
ChD
Laddie J
Land, Local Government
The claimant bought a house. The fact that it was a listed building was not recorded by the registers. As a consequence, a neighbour was permitted to develop his property. Held: The failure to register the status gave a right to compensation, but in fact the claimant had suffered no loss. Had the listing been recorded, he would have had to have paid more for the house.
Local Land Charges Act 1975 10(1)

 
Dano Ltd v Earl Cadogan and others Times, 02 June 2003; [2003] EWCA Civ 782; Gazette, 10 July 2003
19 May 2003
CA
Scheimann, Carnwath LJJ, Sir Christopher Staughton
Land
The defendants appealed against an order declaring that restrictive covenants on land of which they claimed the benefit were no longer of effect. Held: The covenants were expressed to be in favour of property for so long as it formed part of the 'Cadogan Settled Estate'. The trust had been terminated and the property resettled. The land having the benefit was clearly defined. It no longer satisfied that definition, and the benefit had been lost. Had it been thought necessary, the benefit could have been preserved on the resettlement of the estate in 1961.
1 Cites

1 Citers

[ Bailii ]
 
White v White [2003] EWCA Civ 924
19 May 2003
CA
Lord Justice Thorpe, Lady Justice Arden, Mr Justice Bodey
Family, Trusts, Children, Land
The parties to the marriage owned a property which they had extended. The relationship deteriorated, and the mother sought an order under the 1996 Act. The mother left the home, and the father cared for the children. He sought orders under the 1989 Act for the transfer of the property. Those proceedings were made subject to the current proceedings. Held: Sensible case management demands that competing applications be conjoined. The current order was wrong in principle. When the court looked at the intentions of the parties under a trust, it should look to the time before the trust, not from time to time later. The powers under each Act are not co-extensive. Unless for some special reason the application should be under both Acts and the exercise of the powers under each Act should be considered by the same court and at the same time.
Trusts of Land and Appointment of Trustees Act 1996 14 - Children Act 1989 Sch1
1 Citers

[ Bailii ]
 
Abraha v Sterling Credit Ltd [2003] EWCA Civ 761
19 May 2003
CA

Land, Housing

[ Bailii ]
 
Rana v McCann and Another [2003] NICh 4
3 Jun 2003
ChNI

Northern Ireland, Land

Vendor and Purchaser Act 1974
[ Bailii ]
 
Safeway Stores Plc v Tesco Stores [2003] ScotCS 171
6 Jun 2003
IHCS
Lord Osborne, Lord Hamilton, Lord Kingarth
Scotland, Land, Registered Land
The parties appealed a decision of the Lands Tribunal for Scotland ordering rectification of the land register. A small area had been registered to two registers, and an error had occurred on the digitisation of the plan. Held: The system of land registration is distinctive to Scotland. The concept of possession had been adequately applied by the tribunal, and their decision was upheld.
Tribunals and Inquiries Act 1992 11 - Land Registration (Scotland) Act 1979
1 Cites

[ Bailii ] - [ ScotC ]
 
Johnson v Shaw [2003] EWCA Civ 894
6 Jun 2003
CA

Land

[ Bailii ]
 
Byford v Butler; In re Byford deceased [2003] EWHC 1267 (Ch); Times, 13 June 2003; Gazette, 19 June 2003; Gazette, 14 August 2003; [2004] 1 FLR 56; [2004] Fam Law 14; [2003] BPIR 1089; [2004] 2 FCR 454; [2004] 1 P & CR 12
10 Jun 2003
ChD
Mr Justice Lawrence Collins
Land, Insolvency
The house was owned in joint names. The husband became bankrupt, and the wife continued to pay the mortgage as to interest and capital. The trustee sought a declaration as to the ownership of the interests in the house. After the husband died, the trustee claimed an occupation rent. Held: The wife's interest should be calculated to allow for an occupation rent. The court should look to do justice according to the situation. The trustee had no opportuinty to occupy the property for the financial benefit of the creditors, and so fell within the class of joint owners excluded from the property. The absence of an ouster order was not conclusive against him.
1 Cites

1 Citers

[ Bailii ]
 
Halliwell v Noble [2003] EWCA Civ 859
11 Jun 2003
CA

Land

[ Bailii ]
 
Wilkie v Redsell [2003] EWCA Civ 926
12 Jun 2003
CA

Land

[ Bailii ]
 
BP Oil UK Ltd v Kent County Council [2003] EWCA Civ 798; Ghazette, 04 September 2003
13 Jun 2003
CA
Lord Justice Kennedy, Lord Justice Mummery And Lord Justice Carnwath
Land, Damages, Limitation
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a claim for consideration, and it was under that agreement that the authority had taken possession. Appeal allowed.
Limitation Act 1980 9 - Compulsory Purchase Act 1965 11
1 Cites

[ Bailii ]
 
Colneway Ltd v Environment Agency [2003] EWLands ACQ_70_2002
16 Jun 2003
LT

Land
LT COMPULSORY PURCHASE - compensation – mineral-bearing agricultural land - land acquired to provide flood relief channel - whether statutorily assumed planning permission restricts right to extract minerals to acquiring authority only - prospects of extracting minerals in no scheme world from land taken and retained land - whether value of minerals to be assumed by uplift to agricultural value or adjusted quarry valuation - whether claimant's retained land suffered severance or injurious affection - compensation awarded £131,478 - Land Compensation Act 1961 s 15
Land Compensation Act 1961 15
[ Bailii ]
 
Ashgar Ali, Azra Parveen Ali v Abdul Waheed Jhetam, Norida Tan [2003] EWCA Civ 816
18 Jun 2003
CA
Lord Justice Brooke Mr Justice Nelson
Land, Contract


 
Hyett v Stanley and others [2003] EWCA Civ 942; [2004] 1 FLR 394
20 Jun 2003
CA

Trusts, Wills and Probate, Land
The couple had lived together at the property without being married for several years. The house was held in the man's sole name, and after his death she sought a half share in it. It was established that she had been told she should have a half share in the house during his life, and that she had accepted obligations to the bank on the strength of that promise. The executors contended that it has been intended only that she should acquire an interest which would persist during his lifetime. Held: Mr Freeman and Miss Hyett rendered themselves jointly and severally liable to the Bank by the very transaction by which Miss Hyett acquired her beneficial interest, they could only reasonably have intended that they should each take a half share. A life insurance policy on joint lives was held for Mrs Hyett only to the extent required to repay the charge, but as to the rest for the executors.
1 Cites

1 Citers

[ Bailii ]
 
Corton Caravans and Chalets Ltd v Anglian Water Services Ltd [2003] EWLands ACQ_19_2001
25 Jun 2003
LT

Land
LT COMPENSATION – compulsory acquisition of former holiday park – whether suitable for use for timeshare development – residual valuations – hypothetical vendor – whether claimant to be considered hypothetical vendor – developer's profit – whether deduction for developer's profit – loss of profits – whether compensation to include loss of future profits – alternative valuations as caravan site – compensation awarded £182,500.
[ Bailii ]

 
 Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another; HL 26-Jun-2003 - [2003] UKHL 37; Gazette, 04 September 2003; [2003] 3 WLR; [2004] 1 AC 546; [2003] 3 All ER 1213; [2003] UKHRR 919; [2003] HRLR 28; [2003] NPC 80; [2003] 27 EGCS 137
 
Purbrick v Hackney London Borough Council Gazette, 10 July 2003; [2004] 1 P & CR 553
26 Jun 2003
ChD
Mr Justice Neuberger
Land, Limitation
The property fell into disrepair. The claimant began to use it for storage, carrying out some refurbishment. He now claimed to own the property by adverse possession. Held: Littledale was not to be followed unless the facts were strictly on all fours. He had done all that was possible to occupy and retain possession of the premises. He was not required to demonstrate that he had intended to claim ownership of the building but only that he intended to exclude the world. That he had done. “…. it is to some extent implicit in the present law of adverse possession that an owner of property who makes no use of it whatever should be expected to keep an eye on the property to ensure that adverse possession rights are not being clocked up. A period of 12 years is a long period during which to neglect a property completely.”
1 Cites

1 Citers


 
Mear, Regina (on the Application Of) v Cambridgeshire County Council [2003] EWHC 1861 (Admin)
1 Jul 2003
Admn

Land, Local Government, Costs

[ Bailii ]
 
Henriques v Stephens (Valuation Officer) [2003] EWLands RA_52_2002
2 Jul 2003
LT

Land

[ Bailii ]
 
Morshead Mansions Ltd, Re [2003] EWLands LRX_49_2002
2 Jul 2003
LT

Land

[ Bailii ]
 
Ebury (Valuation Officer) [2003] EWLands RA_1_2003
4 Jul 2003
LT

Land

[ Bailii ]
 
Kingston and Another v Francis and Another [2003] EWCA Civ 1093
4 Jul 2003
CA

Land

[ Bailii ]
 
Fisher and Another v English Nature [2003] EWHC 1599 (Admin); Times, 15 September 2003; [2004] 1 WLR 503
4 Jul 2003
Admn
Lightman J
Environment, Land, Human Rights
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land including acceptance of undertakings or alternative designations which were less onerous. Held: The statute required that if the respondent remained genuinely convinced that the site satisfied the criteria, it had no discretion and had to confirm the notification. The notification was not therefore disproportionate. The claimant had disavowed any challenge of the underlying law, and therefore the claim failed.
Wildlife and Countryside Act 1981 28(1)
1 Cites

1 Citers

[ Bailii ]
 
Newport Farm Ltd and 22 others v Damesh Holdings Ltd and others [2003] UKPC 54; Times, 15 July 2003
7 Jul 2003
PC
Lord Hutton Lord Slynn of Hadley Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Rodger of Earlsferry
Commonwealth, Land
(New Zealand) The clamaints alleged that mortgagees had failed to take proper steps to obtain the best price on selling their properties as mortagees. The common law duty had been encapsulated in the 1952 Act. Here, however the landowners had negotiated and set the terms of the transaction. There was no breach of duty shown. The court in Tse Kwong Lam did not set down or formulate invariable rules as to steps to be taken by a mortgagee when contemplating a sale to a company in which he is interested. The sale had been agreed before the associated compamy took any interest.
Property Act 1952 (New Zealand) 103A
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Partridge and others v Lawrence and others [2003] EWCA Civ 1121; [2004] 1 P & CR 176
8 Jul 2003
CA
Peter Gibson LJ
Land
The appellants challenged a finding as to the width of a right of way over their land as exercised by the respondents. Held: The appeal was allowed in part. Peter Gibson LJ said: "The claimants now have the security that this court is pronouncing that they have a right of way which is not subject to the pre-conditions for which the defendants had argued. That means that if the claimants wish to sell any part of the retained land together with the benefit of the right of way the purchaser will know where he stands. " The court urged the parties to try to resolve their differences in a neighbourly way.
Land Registration Act 1925 82(1)
1 Cites

1 Citers

[ Bailii ]
 
Laing Homes Ltd, Regina (on the Application of) v Secretary of State for the Environment Food and Rural Affairs [2003] EWHC 1578 (Admin); [2003] 3 PLR 60
8 Jul 2003
Admn
Sullivan J
Land, Local Government
Sullivan J allowed Laing Homes Ltd.'s application for judicial review of the County Council's decision to register a Town or Village Green, but rejected the argument that the locality needed to be specified in the application form, could not be later amended, and that the Ecclesiastical Parish of Hazlemere did not qualify as a locality. He endorsed the Inspector's approach at paragraph 142 to the effect that "it is clear from the scheme of the [1965 Act] and the Regulations that the question of what is the relevant "locality" (or if appropriate "neighbourhood within a locality") in the section 22 sense is a matter of fact for the Registration Authority to determine (albeit in accordance with the correct legal principles) in the light of all the evidence, which may indeed contain a number of conflicting views on the topic. There is no requirement in the Form or Regulations for an applicant to commit himself to a legally correct (or any) definition of the "Section 22 locality" (or "neighbourhood")".
Commons Registration Act 1965
1 Citers

[ Bailii ]

 
 Regina (Laing Homes Ltd) v Buckinghamshire County Council; Admn 8-Jul-2003 - [2004] 1 P & CR 573
 
Shreeve v Taylor and Another [2003] EWCA Civ 1197
9 Jul 2003
CA

Land, Insolvency

[ Bailii ]
 
The Royal Bank of Scotland Plc v Wilson and Wilson (Ap) Wilson and Wilson 2003 SCLR 716
9 Jul 2003
OHCS
Lord Hamilton And Lord Justice Clerk And Lord Osborne
Land

1 Citers

[ Bailii ]
 
Moggridge and Another v National Assembly for Wales and Another [2003] EWHC 2188 (Admin)
18 Jul 2003
Admn

Land

[ Bailii ]
 
Faraday v Carmarthenshire County Council [2003] EWLands ACQ/84/1997
24 Jul 2003
LT

Land
LT COMPULSORY PURCHASE - compensation - estate agent's office and general offices above - valuation of freehold - whether direct to freehold value or by capitalising rental value - whether disturbance compensation based on assumed relocation of business or lengthy profit losses followed by total extinguishment of business – whether claimant took reasonable steps to mitigate loss – whether adjustments should be made to accounts of business conducted in freehold premises to reflect property's rental value when assessing loss of profits incurred prior to acquisition and loss on extinguishment of goodwill - assessment of interest on pre-valuation date losses - compensation of £354,111 awarded, exclusive of certain interest to be agreed or determined.
Land Tribunal Act 1949
[ Bailii ]
 
The Secretary of State for Transport v George William Christos, Maureen Ellen Christos [2003] EWCA Civ 1073
25 Jul 2003
CA
Lord Justice Mummery Lord Justice Sedley The Vice-Chancellor
Land, Damages

Channel Tunnel Rail Link Act 1996
1 Citers

[ Bailii ]
 
P and S Platt Ltd v Crouch and Another [2003] EWCA Civ 1110; Times, 27 August 2003; [2004] 1 P& CR 18
25 Jul 2003
CA
Peter Gibson, Dyson, Longmore LJJ
Contract, Land
The claimant sought a declaration that certain easements had been included by implication in a conveyance of part of land to him. Held: Since the easements were capable of subsisting at law, and existed as quasi-easements at the time, and did not interfere to an unacceptable extent with the servient owner's enjoyment of his land, the judge's finding of what was in practice a question of fact would not be disturbed.
Law of Property Act 1925 62
1 Cites

1 Citers

[ Bailii ]
 
Martin and others v Hewitt (Valuation Officer) [2003] EWLands RA_3_2001
31 Jul 2003
LT

Land

[ Bailii ]
 
Martin and others v Hewitt (Valuation Officer) [2003] EWLands RA_4_2001
31 Jul 2003
LT

Land

[ Bailii ]
 
Martin and others v Hewitt (Valuation Officer) [2003] EWLands RA_7_2001
31 Jul 2003
LT

Land

[ Bailii ]
 
Martin and others v Hewitt (Valuation Officer) [2003] EWLands RA_6_2001
31 Jul 2003
LT

Land

[ Bailii ]
 
Martin and others v Hewitt (Valuation Officer) [2003] EWLands RA_5_2001
31 Jul 2003
LT

Land

[ Bailii ]

 
 Tomlinson v Congleton Borough Council and others; HL 31-Jul-2003 - [2003] UKHL 47; Times, 01 August 2003; Gazette, 11 September 2003; [2003] 3 WLR 705; [2004] 1 AC 46; [2003] NPC 102; [2003] 32 EGCS 68; [2003] 3 All ER 1122; [2004] PIQR P8
 
Lynari Properties Ltd v Shortdean Place (Eastbourne) Residents Association Ltd [2003] EWLands LRA_45_2002
5 Aug 2003
LT

Land

[ Bailii ]
 
Marshall and Another, Re Law of Property Act 1925 [2003] EWLands LP_32_2001
5 Aug 2003
LT

Land

[ Bailii ]
 
World Class Gifts Ltd v Transport for London [2003] EWLands ACQ_124_2001
5 Aug 2003
LT

Land

[ Bailii ]
 
Lewis v Altaf [2003] EWCA Civ 1229
15 Aug 2003
CA

Land, Nuisance, Torts - Other

[ Bailii ]
 
National Car Parks Ltd v Baird (Valuation Officer) and Another [2003] EWLands RA_232_1996
21 Aug 2003
LT

Land

[ Bailii ]
 
Griffiths and Another v City and County of Swansea [2003] EWLands ACQ_35_2002
22 Aug 2003
LT

Land

[ Bailii ]
 
Optical Express (Southern) Ltd v Birmingham City Council [2003] EWLands ACQ_109_2002
27 Aug 2003
LT

Land
LT PRACTICE – compensation for compulsory purchase – admissibility of fax letter marked without prejudice and accompanying claim and trading figures – whether negotiations in progress – whether trading figures inadmissible or factual material – held whole document inadmissible. Application for leave to lodge particularised claim with consequential directions allowed on terms of costs.
[ Bailii ]

 
 Mean Fiddler Holdings Ltd v London Borough of Islington; LT 9-Sep-2003 - [2003] EWLands ACQ_29_2001
 
Bridgestart Properties Ltd v London Underground Ltd [2003] EWLands ACQ_128_2002
30 Sep 2003
LT

Land

[ Bailii ]
 
Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; [2003] HCA 57
7 Oct 2003

Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Commonwealth, Land, Contract
High Court of Australia - Vendor and purchaser - Contracts for sale of land - Default by purchaser - Notice of termination - Supplemental deed requiring completion by stipulated date - Time of essence - Default by purchaser - Notice of termination - Purchase price available following day - Specific performance - Whether unconscientious for vendors to exercise right of termination - Whether relief on the ground of "accident" available in face of essential time stipulation.
Equity - Relief against forfeiture - Contracts for sale of land - Default by purchaser - Whether unconscientious for vendors to exercise right of termination - Whether default occasioned by "accident" - Whether relief on the ground of "accident" available in face of essential time stipulation.
1 Citers

[ Austlii ]

 
 Gillon v Baxter and Another; CA 10-Oct-2003 - [2003] EWCA Civ 1591
 
Watford Borough Council, Re A Notice of Reference [2003] EWLands ACQ_143_2002
17 Oct 2003
LT

Land
LT COMPULSORY PURCHASE –compensation – dwellinghouse in dilapidated condition – value in good condition- cost of necessary repairs – allowance for profit – compensation awarded £77,500
[ Bailii ]
 
Harrold and Another, Re Law of Property Act 1925 [2003] EWLands LP_45_2002
27 Oct 2003
LT
N J Rose FRICS
Land
LT RESTRICTIVE COVENANT – restriction to single dwellinghouse and against use causing nuisance, etc to owner of adjoining properties – extent of neighbourhood - whether covenant obsolete – application refused – Law of Property Act 1925, s84(1)(a)
Law of Property Act 1925 84(1)(a)
[ Bailii ]
 
Harrold and Another, Re [2003] EWLands LP_45_2002
27 Oct 2003
LT

Land

[ Bailii ]
 
Loftus-Brigham and Another v London Borough of Ealing [2003] EWCA Civ 1490
28 Oct 2003
CA
Lord Justice Buxton, Lord Justice Chadwick
Land, Nuisance
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and wisteria grown by the claimants themselves and growing on the house. Held: It is neither necessary nor appropriate to look for special causal rules applying to cases involving trees. The judge required the claimants to establish that the damage from the tree roots was the dominant cause, and had erred. The test is whether the trees were an effective and substantial cause of the recent damage.
1 Cites

1 Citers

[ Bailii ]
 
Besley v John [2003] EWCA Civ 1737; Gazette, 13 November 2003
29 Oct 2003
CA
Lords Justice Buxton and Laws
Land
The defendant farmed land adjacent to land over which he had registered rights of common allowing him to graze sheep. The freeholders brought the action saying that the use was in excess of the rights. He counter-claimed that the extension of a golf course on the land breached the rights of common. Held: The defendant's rights did not include the right to bring additional food onto the land, nor to drive at will over the common land. He could only drive over the land to an extent agreed as reasonable. The counterclaim failed.
1 Cites

[ Bailii ]
 
Butts Park Ventures (Coventry) Limited v Bryant Homes Central Limited [2003] EWHC 2487 Ch
29 Oct 2003
ChD
The Vice-Chancellor
Land, Contract

1 Citers

[ Bailii ]
 
Burns and Another v Kirby and Another [2003] EWLands REF_04_2003
31 Oct 2003
LT

Land
LT EASEMENT - application for statutory easement for vehicular access to premises - Vehicular Access Across Common and Other Land (England) Regulation 2002 - use of bridleway for access by vehicles - evidence showing that prescriptive easement would have arisen if use not unlawful - held no statutory easement could be acquired where way is a bridleway
Vehicular Access Across Common and Other Land (England) Regulation 2002
[ Bailii ]
 
Silven Properties Ltd and Another v Royal Bank of Scotland and others [2003] EWCA Civ 1817
4 Nov 2003
CA

Land
Refusal of leave to appeal to the House of Lords.
[ Bailii ]
 
Warnborough Ltd v Garmite Ltd [2003] EWCA Civ1544
5 Nov 2003
CA
Lord Justice Simon Brown Lord Justice Judge Lord Justice Jonathon Parker
Land, Equity
Warnborough (W) sold real property to Garmite (G), leaving the purchase price outstanding but secured by a mortgage in favour of W. G also granted W an option to repurchase the property. The issue was whether the option to repurchase was "a clog on the equity of redemption". Held. The appeal was allowed with the result that the issue as to the character of the transaction had to be determined at a subsequent trial.
Jonathan Parker LJ referred to the need to assess the real nature and substance of the transaction. The Court had to look at the "substance" of the transaction and to enquire as to the true nature of the bargain which the parties had made. To do that, the Court examined all the circumstances, with the assistance of oral evidence if necessary. Where the alleged "clog" was entered into against the background of a sale of the property, by the grantee of the option as owner of the property to the grantor, for a price left outstanding on mortgage there must be "a very strong likelihood" that on an examination of all the circumstances the court would conclude that the substance of the transaction was one of sale and of purchase and not one of mortgage. The transaction undoubtedly involved a genuine and enforceable mortgage. The court's approach did not involve a finding that the mortgage was ineffective or had some other character but rather that the part of the transaction which involved a mortgage was not to be regarded as the dominant part of the transaction, which identified the character of the transaction. The transaction was a composite of its parts and although one part of the transaction involved a mortgage, the legal character of the composite transaction was a transaction of sale and purchase. The court rejected the argument that the sale was "incidental to the loan" as turning the transaction "on its head".
1 Cites

1 Citers

[ Bailii ]
 
Bayoumi v Women's Total Abstinence Union Ltd and Another Times, 05 November 2003
5 Nov 2003
CA
Chadwick, Rix LJJ
Charity, Land, Company
A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract. Held: The section only allowed a completed transaction to be rescued. An uncompleted contract was not itself a sale or transaction to which 36(1) could apply. The section did not f make the transaction void, but in the absence of an order of the court or the Charity Commission a transfer made following the contract would be void. Because the purchaser had become aware of the failure before completion, he could not compel completion. Directors of a charitable company would be acting ultra vires in entering into such a contract, and therefore the transaction could not either be saved under sections 35, 35A of the 1985 Act. The transaction could not be rescued.
Charities Act 1993 36(1) 37(4) - Companies Act 1985 35 35A
1 Cites


 
Stephen Kupferand Barbara Kupfer v Marie Claire Dunne [2003] EWCA Civ 1549
7 Nov 2003
CA
Lord Justice Clarke Lord Justice Pill Lord Justice Rix
Land
Neighbours disputed the exact boundary between their houses. An extension and fence had been built. The judge had declared the boundary, and ordered the removal of fence posts. Held: Such a dispute should be resolved by reference to indications on the land rather than principally by reliance upon the impression given by the parties. It had been wrong to interpret a boundary line as bent rather than straight where there was no evidence to support such a conclusion. The appeal succeeded.
1 Cites

[ Bailii ]
 
Hayes and Another v London Borough of Merton [2003] EWCA Civ 1712
7 Nov 2003
CA

Land

[ Bailii ]
 
Owo-Sampson v Barclays Bank Plc and Another (No 2) [2003] EWHC 2900 (Ch); [2004] BPIR 303
10 Nov 2003
ChD
Howarth HHJ
Banking, Land

[ Bailii ]
 
Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council [2003] EWHC 2803 (Admin); [2004] JPL 975
10 Nov 2003
Admn
Sullivan J
Land, Judicial Review
A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG). Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial review. Available procedures did not enable precisely the same relief to be granted in that judicial review would enable the registration itself to be quashed. Judicial review was still available. There was no question of bypassing the statutory scheme; s.14 did not require permission to be obtained and there were no specific time limits. The date was that of the determination of the application by the registration authority or judgment by the court. That would enable the landowner in all cases to defeat a claim to the existence of a Green by placing a notice in appropriate terms on the land in question after the application has been made or proceedings commenced and before the determination or judgment and accordingly frustrate the purpose of the legislation. In some cases fairness would make an oral hearing not merely an option but a necessity.
Sullivan J considered the concept of 'locality' in this context, finding: 1) The word locality in section 22(1A) should be construed as having the same meaning in classes a, b and c; 2) Apart from the doubt expressed by Lord Denning MR in the New Windsor case, the authorities were unanimously to the effect that, at common law, a customary right to indulge in lawful sports and pastimes could exist only for the benefit of some legally recognised administrative division of the county, and that that was the sense in which Parliament used the word locality when defining class b and c village greens in 1965; 3) On any other approach, there would be no practical distinction between a locality and a neighbourhood; 4) Parliament's belief that the burden placed upon applicants for TVG registration to demonstrate that the users were the inhabitants of any locality was unduly onerous and should be lightened by the introduction of the neighbourhood concept, was entirely in accordance with the (almost) unanimous view expressed in the authorities; 5) A neighbourhood need not be a recognised administrative unit. A neighbourhood must have a sufficient degree of cohesiveness; 6) A locality in the case of class a and class b village greens means an administrative unit, not one or more administrative units, and locality has the same meaning in subsection; 7) When enacting the 2000 Act, Parliament had not intended to create additional obstacles for applicants, but it managed to do so.
Commons Registration Act 1965 14 22(1A)
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Mohammed and Another v Newcastle Upon Tyne and Another [2003] EWHC 2816 (Admin)
11 Nov 2003
Admn

Land

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Christos and Another v Secretary of State for the Environment, Transport and the Regions [2003] EWLands ACQ_69_2001
11 Nov 2003
LT

Land, Damages
LT COMPULSORY PURCHASE – Compensation – dwellinghouse and adjoining land – whether property value agreed – whether acquiring authority estopped from denying that the value is the 'agreed' figure – whether damage to property after valuation date to be reflected in compensation – whether claimants' company suffered loss as a result of compulsory acquisition – whether surveyors' fees should be limited to Ryde's scale (1996) – other detailed disturbance items considered – compensation awarded £618,945.
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 Regina v City of Sunderland ex parte Beresford; HL 13-Nov-2003 - [2003] UKHL 60; Times, 14 November 2003; [2003] 3 WLR 1306; [2004] 1 AC 889; [2004] 1 All ER 160; [2004] 2 P & CR 23; [2004] JPL 1106; [2003] NPC 139; [2003] 47 EGCS 155; [2004] 1 EGLR 94
 
Commissioners for Customs and Excise v Southern Primary Housing Limited [2003] EWCA Civ 1662; Times, 21 November 2003
18 Nov 2003
CA
Lord Justice Mantell Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
VAT, Land, Construction
The land owner had elected to pay VAT on the purchase of land. It sought to recover that VAT. The Commissioners appealed an order allowing that. Held: Ther were three transactions, the purchase, the sale, and a development contract. The input tax paid in carrying out the building contract were recoverable. Was the land therefore used 'for the purpose of the taxpayer's taxable transaction", namely the development contract? The cost of the land was not a component of the costs in the same way that the materials were. The mere commercial link was insufficient. The transactions had to be looked at separately in VAT law, component by component.
1 Cites

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Darrell v Portman [2004] EWLands LRA_70_2002
19 Nov 2003
LT

Land

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Roadrunner Properties Ltd v Dean and Another [2003] EWCA Civ 1816; [2004] 1 EGLR 73
21 Nov 2003
CA
Chadwick LJ
Negligence, Construction, Landlord and Tenant, Land
Where an application is made under the 1996 Act, as to the issue of causation of damage, a court can properly take a reasonably robust approach where the damage to the adjoining owner's property is of the sort one would expect to result from the building owner's work.
Parety Wall etc Act 1996
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Arena Property Services Ltd v Europa 2000 Ltd [2003] EWCA Civ 1943
24 Nov 2003
CA

Land

Party Walls Etc Act 1996
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Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender [2003] EWHC 2834 (Ch)
25 Nov 2003
ChD
The Honourable Mr Justice Peter Smith
Consumer, Contract, Land, Registered Land
Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer "unless a contrary intention is expressed" in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power to revoke an order made under the earlier rules. Peter Smith J: "In my opinion, section 114 LPA 1925, either has no impact in the case of a transfer of a registered charge under registered land or its effects are subject to the need for the transferee to become registered proprietor under the LRA regime." and
"In my judgment although s. 114 LPA does not say so it is not intended to apply to transfers of registered charges under the LRA 1925. The regime for transferring those charges is the statutory regime to which I have made reference above."
"That does not mean that section 114 will have no effect."
Law of Property Act 1925 114
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Beale v Harvey [2003] EWCA Civ 1883; [2004] 2 P&CR 18
28 Nov 2003
CA
Peter Gibson LJ
Land, Registered Land, Estoppel
Land had been divided into three lots on its development, but the site plan did not match the line of a fence actually erected. Held: The court was not bound by the Watcham case, and would not follow it to allow reference to the later behaviour of parties in interpreting a deed. The court related the conveyance plan to the features on the ground and concluded that, on the facts, the dominant description of the boundary of the property conveyed was red edging in a single straight line on the plan.
The judge had been incorrect in not allowing the defendant to plead an estoppel. However there had been insufficient detriment suffered to establish an estoppel, and the defence failed. The appeal was dismissed.
Land Registration Act 1925 70(1)(g)
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UCB Group Ltd v Hedworth [2003] EWCA Civ 1717; Times, 09 January 2004; Gazette, 29 January 2004
4 Dec 2003
CA
Lord Justice Jonathan Parker Lord Justice Kennedy Lord Justice Longmore
Land, Undue Influence
The defendant challenged the claimant's right to possession under a legal charge. She appealed a finding that she had not established the undue influence of her husband, a solicitor. Held: A lender who received a voidable security was entitled to invoke the right of subrogation in the same way, and to the same extent, as a lender who had received security which turned out to be void. The judge's limited record of his findings made it difficult to handle the appeal. There is a clear distinction between a charge which is voidable from its inception and one which is valid and fully enforceable, when made but which may become void at some future date unless registered. The bank had obtained what it bargained for. The Butler -v- Rice principle applied in the instant case. If the Barclays charge was voidable at the instance of the defendant, Barclays must be taken to have intended to retain and keep alive any security rights to which it was entitled in the absence of an effective security, and, by parity of reasoning. UCB was in turn entitled to be subrogated to those rights.
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Bishopsgate Space Management Ltd and Teamworks Karting v London Underground Ltd [2003] EWLands ACQ_98_2002
5 Dec 2003
LT

Land

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 Fattal and Another v Possessions Revenues and Goods of the Free Grammar School of John Lyon; LT 5-Dec-2003 - [2003] EWLands LRA_21_2002
 
Joyce and Another, Re [2003] EWLands LP_13_2002
8 Dec 2003
LT

Land
LT RESTRICTIVE COVENANTS - restrictions to single dwellinghouse and against developing part of site - application to discharge or modify the restrictions so as to permit development with additional house, part of which would encroach onto the prohibited area - whether practical benefits of substantial value or advantage secured by restrictions - whether any injury caused - application for modification but not discharge granted - compensation totalling £32,650 awarded - Law of Property Act 1925, s84(1)(aa) (1A) and (c).
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Kuligowski, Kuligowski v Kenward and Kenward [2003] EWCA Civ 1896
11 Dec 2003
CA

Land

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Verderers of the New Forest v Young and others Times, 29 January 2004
17 Dec 2003
QBD
Rose LJ, Jackson J
Land, Magistrates
The jurisdiction given to the magistrates under the order was one concurrent with that of the Verderers. The 1877 Act had given the verderers power to impose fines which could be collected summarily, and that gave jurisdiction to the magistracy.
New Forest (Confirmation of the Bylaws of the Verderers of the New Forest) Order 1999 (1999 No 2134) - New Forest Act 1877 25(4)

 
Raymond Anthony Morris, Charles Alan Morris v Glendore Investments Ltd [2003] EWHC 3091 (Ch)
18 Dec 2003
ChD
Mr Justice Collins
Land, Contract

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Horn and Another v Phillips and Another [2003] EWCA Civ 1877
18 Dec 2003
CA

Land
In a boundary dispute, extrinsic evidence was not admissible to contradict, in this, case the transfer with an annexed plan, which clearly showed the boundary as a straight line and even contained a precise measurement of distance.
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 Rowland v The Environment Agency; CA 19-Dec-2003 - [2003] EWCA Civ 1885; Times, 20 January 2004; Gazette, 26 February 2004; [2004] 3 WLR 249; [2005] Ch 1

 
 Smalley v Bracken Partners Ltd and Another; CA 19-Dec-2003 - [2003] EWCA Civ 1875
 
Brunt and others v Southampton International Airport Ltd [2003] EWLands LCA_225_2001
19 Dec 2003
LT

Land
LT COMPENSATION - Land Compensation Act 1973 Part I - aerodrome - substantial alterations to aprons - whether purpose or main purpose the provision of facilities for a greater number of aircraft - held that it was not - 1973 Act section 9(6)
Land Compensation Act 1973
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Ocean Leisure Ltd v Westminster City Council [2003] EWLands LCA_30_2003; [2004] R and VR 145
31 Dec 2003
LT

Land, Damages
LT COMPENSATION - injurious affection - hoardings erected in street during construction works outside shop premises - preliminary issue - whether claim under Compulsory Purchase Act 1965 s 10 valid - held claimant entitled to compensation for any diminution in rental value.
Compulsory Purchase Act 1965 10
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