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Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 2011

RESTRICTIVE COVENANT – preliminary issues – 2 previous unsuccessful applications – National Trust objecting – whether application should be struck out – held it should not be – compensation – whether ground (aa) should be struck out on basis that money would not be adequate compensation – held it should not be – Law of … Continue reading Thames Valley Holdings Led, Re Land at Ockwells Road: UTLC 16 Aug 2011

Perkins, Re Peplins Way, Brookmans Park: UTLC 16 Jun 2011

UTLC RESTRICTIVE COVENANT – modification – covenant restricting development to one dwelling per plot – proposal to erect additional house within grounds of existing property – objectors’ entitlement to benefit – whether Building Scheme – whether proposed use of land reasonable – whether practical benefits of substantial value or advantage secured by the restriction – … Continue reading Perkins, Re Peplins Way, Brookmans Park: UTLC 16 Jun 2011

Davies, Re an Application: LT 13 Aug 2008

LT RESTRICTIVE COVENANTS – modification – dwelling houses – restrictions preventing erection of more than one dwelling house on each of two adjoining plots – application to modify to permit not more than two additional dwellings in existing rear gardens – whether restrictions secured practical benefits of substantial value or advantage – whether modification would … Continue reading Davies, Re an Application: LT 13 Aug 2008

George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011

RESTRICTIVE COVENANT – modification – open land – covenant prohibiting erection of any building – application to modify to permit construction of 17 dwellinghouses and seven garages – application refused – Law of Property Act 1925 s84(1) (aa). Citations: [2011] UKUT 91 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 13 September 2022; Ref: … Continue reading George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011

Re Thistledew, 6A Nottingham Road: UTLC 18 Feb 2011

UTLC RESTRICTIVE COVENANT – application to modify a restriction so as to reduce the size of a shared vehicle turning area – whether practical benefits of substantial value or advantage secured by the restriction – whether money will be adequate compensation for loss or disadvantage -whether express or implied consent – whether modification will cause … Continue reading Re Thistledew, 6A Nottingham Road: UTLC 18 Feb 2011

Irani v Irani and others: ChD 24 Jul 2006

The deceased had effectively settled his divorce ancillary relief proceedings by promising to leave a property by will to to his former wife, the claimant. He signed a document which appeared to be intended to give effect to his undertaking, but the document was not executed as a will. The respondents said that the agreement … Continue reading Irani v Irani and others: ChD 24 Jul 2006

Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them. Held: The sub-charge did not operate to transfer to BOS … Continue reading Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

Jan Whitehurst, Susan Elizabeth Whitehurst, Richard Leslie Whitehurst, Victoria Jayne O’ Donnell v Malcolm Dickinson (Adverse Possession): LRA 27 Jul 2009

LRA Applicants and their predecessors were in possession of the disputed land for 45 years or more without consent – Application to register Applicants as proprietors on the basis of adverse possession – The land in question formed part of a common subject to a 1915 management scheme made under the Commons Act 1899 – … Continue reading Jan Whitehurst, Susan Elizabeth Whitehurst, Richard Leslie Whitehurst, Victoria Jayne O’ Donnell v Malcolm Dickinson (Adverse Possession): LRA 27 Jul 2009

The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009

LRA Former highways and the medium filum rule – acquisition of an easement for parking – Law of Property (Miscellaneous Provisions) Act 1989 s2 – Law of Property Act 1925 s62 – Local Government Act 1972, s 132(2A) – Local Government Organisation (Property) Order 1986 – Stopping-Up of Highways (London Borough of Tower Hamlets) (No. … Continue reading The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009

Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007

LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007

University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012

The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial transactions for a contract of guarantee to be contained in a single document, and … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012

O’Brien and Another, in re 2 Turnpike Road, Tadcaster: LT 22 Feb 2008

LT RESTRICTIVE COVENANT – modification or discharge – obsoleteness – practical benefits of substantial value or advantage – injury – proposal for conservatory and removal of part of garden wall – effect of development on visual amenity to objectors’ retained land – planning permission granted – modification ordered – Law of Property Act 1925, section … Continue reading O’Brien and Another, in re 2 Turnpike Road, Tadcaster: LT 22 Feb 2008

Schwarzschild Ochs Pty Ltd v Concerto Properties Ltd: UTLC 20 Jun 2022

Restrictive Covenants – Modification – leasehold retail unit in Fitzrovia – covenant preventing medical use – whether obsolete – whether securing practical benefit of substantial value or advantage – s.84(1)(a) and (aa), Law of Property Act 1925 – modification granted Citations: [2022] UKUT 150 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 26 August … Continue reading Schwarzschild Ochs Pty Ltd v Concerto Properties Ltd: UTLC 20 Jun 2022

Roberts, Re 7 Storm, 85 Banks Road: UTLC 8 Sep 2010

UTLC RESTRICTIVE COVENANT – discharge or modification – restriction preventing redecoration or alteration of building exterior – requirement to replace patio doors/windows – whether covenant obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether discharge or modification would cause injury – application refused – … Continue reading Roberts, Re 7 Storm, 85 Banks Road: UTLC 8 Sep 2010

Hayden, Re The Waves, 2 Hengist Road: UTLC 15 Sep 2010

UTLC RESTRICTIVE COVENANT – modification – obsoleteness – practical benefits of substantial value or advantage – implicit agreement – injury – application to permit erection of property in accordance with planning consent granted on 28 February 2007 – breaches – status of application – planning issues – modification allowed – Law of Property Act 1925 … Continue reading Hayden, Re The Waves, 2 Hengist Road: UTLC 15 Sep 2010

Zenios and Another, Re Ingram Avenue: UTLC 26 Jul 2010

UTLC RESTRICTIVE COVENANT – modification – addition of first floor above garage in Hampstead Garden Suburb – effect on character of area – policy guidance – precedent – weight to be given to local planning authority approval – whether power to prevent development a practical benefit of substantial advantage to trust – held that it … Continue reading Zenios and Another, Re Ingram Avenue: UTLC 26 Jul 2010

High Street Winterbourne, Re: UTLC 24 Jun 2010

UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached house adjoining boundary of objector’s property – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;6,875 – Law of Property Act 1925 s84(1)(aa) and (c) Judges: Trott FRICS Citations: [2010] UKUT 206 (LC) Links: … Continue reading High Street Winterbourne, Re: UTLC 24 Jun 2010

Mutman-Kearey, Re Application By: LT 17 Sep 2007

LT RESTRICTIVE COVENANT – modification – practical benefits of substantial value or advantage – proposal for single storey extension – effects of development on outlook from objectors’ properties and upon surroundings – planning permission granted – application refused – Law of Property Act 1925, s84(1), ground (aa). Citations: [2007] EWLands LP – 86 – 2006 … Continue reading Mutman-Kearey, Re Application By: LT 17 Sep 2007

Diggens and Others, Re: LT 20 Nov 2000

RESTRICTIVE COVENANTS – restriction to 1 house per plot – application to modify to allow residential development in rear gardens – whether practical benefits of substantial value or advantage secured to objectors – whether injury to objectors – related application to modify restriction relating to approval of plans – both applications dismissed – Law of … Continue reading Diggens and Others, Re: LT 20 Nov 2000

Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004

The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004

Area Estates Ltd v Weir: CA 20 Jul 2010

The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010

Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006

Tenants challenging power of freeholders to impose parking regulations on occupiers of development. The landlord appealed. Held: ‘the regulations in the present case – which limited the right to park to the parking of one vehicle at a time – were proper regulations to make. They were regulations which can be seen as necessary if … Continue reading Montrose Court Holdings Ltd and Another v Shamash and others: CA 21 Feb 2006

Duffield v Duffield: LT 10 Jul 2007

LT RESTRICTIVE COVENANT – grazing land – restriction prohibiting erection of residence or manufactory – application to discharge or modify to permit construction of bungalow – whether restriction obsolete – whether practical benefits secured by restriction of substantial value or advantage -application refused – Law of Property Act 1925, s84(l)(a)and (aa). Citations: [2007] EWLands LP … Continue reading Duffield v Duffield: LT 10 Jul 2007

Dartmouth and Another: LT 8 Jun 2006

RESTRICTIVE COVENANT- modification – conversion and extension of dwelling house into self-contained apartments – no outstanding objections – whether the persons entitled to the benefit of the restrictions agreed to modification – ground (b) not established – practical benefits of substantial value or advantage where there are no objections – application granted – Law of … Continue reading Dartmouth and Another: LT 8 Jun 2006

Regent Oil Co Ltd v JA Gregory (Hatch End) Ltd: CA 1966

No general distinction is to be drawn between the two types of mortgage and sub-mortgage. The court considered the practice for a mortgagor to attorn tenant to his mortgagee. The tenancy contained no covenants and was merely a device to give the mortgagee a right to obtain summary judgment for possession under the Small Tenements … Continue reading Regent Oil Co Ltd v JA Gregory (Hatch End) Ltd: CA 1966

Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991

Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991

Robinson, Re 5 Beckworth Close: UTLC 24 Aug 2009

UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached bungalow to the rear of existing house – whether practical benefits of substantial value or advantage secured to objectors – whether a building scheme – application granted – compensation totalling pounds 23,000 awarded – Law of Property Act 1925 s84(1)(aa) Citations: [2009] UKUT 159 … Continue reading Robinson, Re 5 Beckworth Close: UTLC 24 Aug 2009

Walker, Re Priddeons: UTLC 27 Jan 2010

UTAA RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to make alterations and additions without adjoining owner’s approval – application to modify to permit alterations to existing house – Law of Property Act 1925, s84(1)(aa) and (c). Judges: N J Rose FRICS Citations: [2010] UKUT 16 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Walker, Re Priddeons: UTLC 27 Jan 2010

Paul Crompton: LT 7 Apr 2006

Citations: [2006] EWLands LP – 33 – 2005 Links: Bailii Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Land, Costs Updated: 18 August 2022; Ref: scu.240454

Carbury 2000 Ltd: LT 16 Jun 2006

RESTRICTIVE COVENANT – discharge – modification – whether restriction requiring approval of plans obsolete – modification of restrictions on height and number of flats within a purpose-built block – removal of garage block – whether practical benefits of substantial value or advantage secured to objectors – application for discharge refused – application for modification granted … Continue reading Carbury 2000 Ltd: LT 16 Jun 2006

Foley and Another, in re Montana House, 6 Orchehill Avenue, Gerards Cross: LT 25 Feb 2008

LT RESTRICTIVE COVENANT – modification – dwellinghouse – restrictions imposed by four conveyances preventing development on rear garden – application to modify to permit construction of detached dwellinghouse – whether restrictions obsolete – whether those entitled to benefit of restrictions agreed to their discharge or modification – whether injury to objectors. Citations: [2008] EWLands LP … Continue reading Foley and Another, in re Montana House, 6 Orchehill Avenue, Gerards Cross: LT 25 Feb 2008

Parkinson, Re: LT 16 Dec 2005

RESTRICTIVE COVENANT – discharge – restriction limiting development upon land to the rear of dwellinghouses – application for discharge to permit the construction of two residential dwellings – whether restriction obsolete – whether those benefiting from the restrictions have agreed expressly or by implication to the discharge – whether discharge would injure those entitled to … Continue reading Parkinson, Re: LT 16 Dec 2005

Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005

The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed. Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the … Continue reading Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005

Shaviram Normandy Limited v Basingstoke and Deane Borough Council: UTLC 30 Aug 2019

RESTRICTIVE COVENANTS – modification – 1980s office building let on long lease – covenants restricting use to offices only and controlling terms of underletting – modification sought to permit conversion to residential use and letting on assured shorthold tenancies – Law of Property Act 1925 section 84(1) (aa) and (c) – modification of user covenant … Continue reading Shaviram Normandy Limited v Basingstoke and Deane Borough Council: UTLC 30 Aug 2019

Gerrard, Re an Application: LT 10 Jan 2007

RESTRICTIVE COVENANTS – discharge or modification – part of garden of dwelling house – prohibition on erecting any building – proposal to erect bungalow – whether restrictions securing practical benefits of substantial value or advantage – whether objectors’ failure to pursue objection to hearing implies consent – whether injury – covenant modified – Law of … Continue reading Gerrard, Re an Application: LT 10 Jan 2007

Chojecki, Re: LT 29 Mar 2005

RESTRICTIVE COVENANTS – modification – proposed house on garden land in cul-de-sac development – restrictions preventing this – held practical benefits but not of substantial value or advantage – pounds 500 compensation awarded to each of three objectors – Law of Property Act 1925 section 84(1) ground (aa) Citations: [2005] EWLands LP – 32 – … Continue reading Chojecki, Re: LT 29 Mar 2005

Azfar, Re: LT 30 Jul 2001

RESTRICTIVE COVENANT – restriction to dwellinghouses only on at least one quarter of an acre each – application to amend this limitation so as to permit use as residential home for the elderly – grounds (a) and (aa) – whether a covenant can be deemed partly obsolete – whether actual restriction partly obsolete – whether … Continue reading Azfar, Re: LT 30 Jul 2001

Brown and Another: LT 19 May 2006

RESTRICTIVE COVENANT – discharge – dwellinghouse – prohibition on parking any boat, caravan, house on wheels or commercial vehicle – application dismissed – Law of Property Act 1925, s 84(1)(a)(aa)(b) and (c) Citations: [2006] EWLands LP – 34 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 06 August 2022; Ref: scu.242725

Bass Holdings Ltd v Lewis: CA 29 Jul 1986

The appellant, Mr Lewis had been granted a tenancy by the appellant on its standard terms. Notice was given to terminate the tenancy. The tenant appealed against a ruling that he had not acquired a tenaancy for 90 years under the 1925 Act. Held: The appeal failed.Nourse LJ analysed the section: ‘First, the word ‘determinable’ … Continue reading Bass Holdings Ltd v Lewis: CA 29 Jul 1986

Forcelux Ltd v Binnie: CA 21 Oct 2009

Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009

Havering College of Further and Higher Education: LT 6 Oct 2006

RESTRICTIVE COVENANT … discharge ( school site – restrictions on form of housing on redevelopment – held obsolete in part – whether maintenance of restrictions contrary to public interest – whether restrictions securing practical benefits of substantial value or advantage – whether injury – compensation of pounds 7,500 awarded in respect of one objection – … Continue reading Havering College of Further and Higher Education: LT 6 Oct 2006

Pryor, Re 54 Nelmes Way: UTLC 15 Jul 2009

UTLC RESTRICTIVE COVENANTS -discharge or modification -dwellinghouse -covenants not to erect more than one dwellinghouse set back to building line -application to discharge or modify to permit two additional dwellinghouses -one objection -application refused -Law of Property Act 1925, S84(1)(a), (aa), (c). Citations: [2009] UKUT 131 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Pryor, Re 54 Nelmes Way: UTLC 15 Jul 2009

Mahavir Foundation Ltd: LT 7 Dec 2006

RESTRICTIVE COVENANT – discharge or modification – former chalet bungalow and clinic site – restriction to private dwelling house or professional use by medical practitioner or solicitor – proposal to erect building for worship and religious instruction – whether restriction obsolete – whether maintenance of restriction contrary to public interest – whether restriction securing practical … Continue reading Mahavir Foundation Ltd: LT 7 Dec 2006

Churchill v Temple and Others: ChD 22 Oct 2010

Application for declarations relating to the enforceability, meaning and effect of a restrictive covenant. Held: The court stressed the dangers of allowing an overly commercial construction to override the clear language of the instrument. Citations: [2010] EWHC 3369 (Ch), [2011] 17 EG 72 Links: Bailii Statutes: Law of Property Act 1925 Jurisdiction: England and Wales … Continue reading Churchill v Temple and Others: ChD 22 Oct 2010

Midill (97Pl) Ltd v Park Lane Estates Ltd and Another: ChD 16 Jan 2008

Was the vendor of shares in a company owning a single property, who had served notice to complete on the purchaser, itself ready, able and willing to complete? Judges: His Honour Judge Mackie QC Citations: [2008] EWHC 18 (Ch), [2008] 3 EG 178, [2008] 1 P and CR DG18 Links: Bailii Statutes: Law of Property … Continue reading Midill (97Pl) Ltd v Park Lane Estates Ltd and Another: ChD 16 Jan 2008

Morgan, Re: LT 18 Jul 2006

RESTRICTIVE COVENANT – modification – use of shop for sale of alcohol – whether restriction obsolete – change in character of neighbourhood – whether practical benefits secured – application refused – Law of Property Act 1925, s84(1)(a) (aa) and (c) Citations: [2006] EWLands LP – 79 – 2004 Links: Bailii Statutes: Law of Property Act … Continue reading Morgan, Re: LT 18 Jul 2006

Brighton and Hove City Council, Re Land Between Marine Drive and the Cliff: LT 4 Feb 2009

LT RESTRICTIVE COVENANTS – entitlement to benefit – restriction in order of Official Arbitrator modifying covenant under s 84 of Law of Property Act 1925 – objectors not entitled to benefit of modified covenant – whether objectors entitled to benefit of restriction in order – whether benefit conferred by contract – held objectors not entitled. … Continue reading Brighton and Hove City Council, Re Land Between Marine Drive and the Cliff: LT 4 Feb 2009

Shire Barns Developments Llp, Re: Wealden Way: LT 4 Apr 2009

LT RESTRICTIVE COVENANTS – discharge or modification – dwellinghouse – application to erect an additional bungalow in the grounds of existing bungalow – whether injury caused to adjoining owners – application refused – Law of Property Act 1925 s84(1)(c) Citations: [2009] EWLands LP – 17 – 2006 Links: Bailii Statutes: Law of Property Act 1925 … Continue reading Shire Barns Developments Llp, Re: Wealden Way: LT 4 Apr 2009

Aribisala v St James’ Homes (Grosvenor Dock) Ltd: ChD 14 Mar 2008

The claimant contracted to buy two apartments from the defendant. The contract purported to exclude section 49. Judges: Floyd J Citations: [2008] EWHC 456 (Ch), Times 04-Apr-2008, [2008] 12 EG 96, [2009] 1 WLR 1089, [2008] 3 All ER 762, [2008] 19 EG 206, [2008] 2 EGLR 65 Links: Bailii Statutes: Law of Property Act … Continue reading Aribisala v St James’ Homes (Grosvenor Dock) Ltd: ChD 14 Mar 2008

Burt, Re the Ridings: LT 21 Nov 2008

LT RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify to permit one additional dwelling -whether restriction obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether modification would cause injury – application … Continue reading Burt, Re the Ridings: LT 21 Nov 2008

Aribisala v St James Homes (Grosvenor Dock) Ltd: ChD 12 Jun 2007

The parties had agreed in a contract for the sale and purchase of land to exclude the application of section 49(2). The buyer had failed to comply with a notice to complete. Held: The parties cannot contract out of section 49(2). The particular issue has not previously been considered. The section had been enacted after … Continue reading Aribisala v St James Homes (Grosvenor Dock) Ltd: ChD 12 Jun 2007

Cordwell, Re: LT 7 May 2008

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow -practical benefits of substantial value or advantage – outlook – overlooking – traffic – peace and quiet – precedent – integrity of estate – application refused – Law of Property Act 1925, s 84(1)(aa). Citations: [2008] EWLands LP – 40 – 2006 Links: Bailii … Continue reading Cordwell, Re: LT 7 May 2008

Tillotson, Re: 2 Middleton Drive: LT 6 Jun 2008

LT RESTRICTIVE COVENANT – modification – proposed detached house at entrance to exclusive cul-de-sac – practical benefits of substantial value or advantage – outlook – effect upon amenities – precedent – integrity of system of covenants – application refused – Law of Property Act 1925, ss 84(1)(aa) and (c). Citations: [2008] EWLands LP – 56 … Continue reading Tillotson, Re: 2 Middleton Drive: LT 6 Jun 2008

(Un-named): LT 15 Apr 2008

LT RESTRICTIVE COVENANT – modification – dwellinghouse – restriction preventing any permanent building or structure to be erected without seller’s consent – application to modify to permit erection of large garden shed – whether restriction obsolete – whether those entitled to benefit of restriction agreed to its modification – whether injury to objectors – application … Continue reading (Un-named): LT 15 Apr 2008

Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009

LT RESTRICTIVE COVENANT – modification – proposed development of two pairs of semi-detached houses – affordable housing for local needs – practical benefits of substantial value or advantage – privacy – peace and tranquillity – outlook – approach – compensation -application granted – Law of Property Act 1925, ss84(1)(aa) and (c). Citations: [2009] EWLands LP … Continue reading Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009

Duffield and Another v Gandy: CA 17 Apr 2008

The claimants appealed against refusal by the lands tribunal to vary a restrictive covenant saying that the covenant against building no longer secured any substantial practical benefit to the neighbour. Held: The appeal failed. Citations: [2008] EWCA Civ 379 Links: Bailii Statutes: Law of Property Act 1925 84(1)(aa) Jurisdiction: England and Wales Land Updated: 14 … Continue reading Duffield and Another v Gandy: CA 17 Apr 2008

Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Stokes v Cambridge Corporation: LT 1961

The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership. Held: When determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would … Continue reading Stokes v Cambridge Corporation: LT 1961

Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005

The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005

Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977

Property was charged in 1973. The principal was be repayable in 1988 with interest. There was no provision by which a default made the power of sale exercisable or the advance repayable. When the borrower defaulted, the mortgagee had to apply to court for an order for sale in lieu of foreclosure under section 91(2) … Continue reading Twentieth Century Banking Corporation Ltd v Wilkinson: ChD 1977

Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996

The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996

Birmingham Midshires Mortgage Services Ltd v Sabherwal: CA 17 Dec 1999

An equity arising from a proprietary estoppel is not an ‘equitable interest’ capable of being overreached pursuant to section 2 of the Law of Property Act 1925. Judges: Robert Walker LJ Citations: [1999] EWCA Civ 3042, (1999) 80 P and CR 256 Links: Bailii Statutes: Law of Property Act 1925 2 Jurisdiction: England and Wales … Continue reading Birmingham Midshires Mortgage Services Ltd v Sabherwal: CA 17 Dec 1999

Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007

The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of the original creditors to sue was invalid without such consent since the assignment … Continue reading Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007

Dobbin: LT 30 Aug 2006

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – Law of Property Act 1925, s84(1)(aa), (b) and (c) Judges: Trott FRICS Citations: [2006] EWLands LP – 59 – 2004 Links: Bailii Statutes: … Continue reading Dobbin: LT 30 Aug 2006

Barnet London Borough Council; Re: Land at Claremont Road comprising Hendon Football Club and Football Ground: LT 10 Jul 2006

LT RESTRICTIVE COVENANT – entitlement to benefit – preliminary issue – whether covenant impliedly annexed to land – surrounding circumstances – held no entitlement – objectors not admitted.The landowners sought the discharge of a restrictive covenant requiring land to be used as a Public Park or Recreation Ground or meadow. Four hundred locals objected. The … Continue reading Barnet London Borough Council; Re: Land at Claremont Road comprising Hendon Football Club and Football Ground: LT 10 Jul 2006

Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

The court was asked whether the plaintiff lessors were entitled to leave to commence proceedings against the lessee defendants for damages under section 1(2) of the 1938 Act for breach of a repairing covenant, even though the lessors had themselves remedied the breach before purporting to give the lessees a notice such as is specified … Continue reading Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

The Kelo: 1985

A notice of assignment of a debt under the section need not be by deed. Citations: [1985] 2 Lloyd’s Rep 85 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Firstdale Ltd v Quinton ComC 5-Aug-2004 In the course of a long dispute, the defendant’s solicitors had indicated that … Continue reading The Kelo: 1985

Shephard and others v Turner and Another: CA 23 Jan 2006

The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006

Courtney Lodge Management Ltd v Blake and Others: CA 1 Jul 2004

The tenant appealed forfeiture proceedings for the failure sof subtenants to repair the property. Held: Section 146 notices which were to lead to forfeiture were required to give a reasonable time to comply with the notice. Judges: Sir Andrew Morritt VC, Chadwick, Sedley LJJ Citations: Times 15-Jul-2004, [2004] EWCA Civ 975 Links: Bailii Statutes: Law … Continue reading Courtney Lodge Management Ltd v Blake and Others: CA 1 Jul 2004

Akici v LR Butlin Ltd: CA 2 Nov 2005

The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. The judge had found a sharing of occupation. Held: The tenant’s appeal succeeded. The … Continue reading Akici v LR Butlin Ltd: CA 2 Nov 2005

Arundel Corporation v Khokher: CA 9 Dec 2003

The tenant had served a notice to review the rent. The tenent delivered a counter notice personally be posting it through the letter box. The lease provided that the notice was to be served at the last known business address of the landlord. The landlord had informed the tenant’s solicitor, but not the tenant direct … Continue reading Arundel Corporation v Khokher: CA 9 Dec 2003

Joyce and Another, Re: LT 8 Dec 2003

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 … Continue reading Joyce and Another, Re: LT 8 Dec 2003

Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

Wealden Land Ltd v Naylor-Perrott and others: LT 28 Jan 2004

LT Restrictive Covenants – Entitlement to benefit – Building Scheme – No evidence of notice of common understanding — Exclusion of benefit of covenant in later conveyances – Effect on subsequent purchasers – Law of Property Act 1925 S.78 – Costs on Preliminary issue. Citations: [2004] EWLands LP – 8 – 2003 Links: Bailii Jurisdiction: … Continue reading Wealden Land Ltd v Naylor-Perrott and others: LT 28 Jan 2004

Hamden Homes Ltd, Re: LT 12 Dec 2001

RESTRICTIVE COVENANT – restriction to one dwelling house per plot – application to amend this limitation to permit erection on one plot of detached and two semi-detached houses, possibly as part of a larger development – not all proposed development site owned by applicant – whether proposed use reasonable – whether restriction obsolete – whether … Continue reading Hamden Homes Ltd, Re: LT 12 Dec 2001

In re Farrow: LT 10 May 2001

LT RESTRICTIVE COVENANT – restriction to single storey dwelling – application to remove this limitation – proposed house – applicant the original covenantor – effect of possible refusal of planning permission for bungalow – changes in neighbourhood and property – benefits secured to objector – public interest – whether agreement to modify – injury to … Continue reading In re Farrow: LT 10 May 2001

Sommer and Another v Sweet and Another: CA 10 Mar 2005

The claimants had sought entry into theirs and their neighbour’s registered land titles of entries to acknowledge their rights of way. The neighbours appealed the finding of a right of way of necessity and by proprietary estoppel, and an order for rectification. Held: The appeal failed. The restriction on rectifying the register contained in section … Continue reading Sommer and Another v Sweet and Another: CA 10 Mar 2005

Padgham and another v Rochelle and another: ChD 1 Aug 2002

The testator occupied farmland and buildings. He was helped in maintaining the farm by his son, but gave the land to his grandchildren by his will. The son claimed to have been granted an informal written agricultural tenancy by his father before his death. Held: The arrangement was not intended to create legal relations, and … Continue reading Padgham and another v Rochelle and another: ChD 1 Aug 2002