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
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
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
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
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
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
RESTRICTIVE COVENANT – restriction to use as private residence only – application to amend this limitation so as to permit occupation of not more than 2 bedrooms by paying guests – whether change in character of area – whether injury to objectors – application refused – Law of Property Act 1925, s84(1)(a) (aa) (c) (1A) … Continue reading Pennington, Re: LT 25 Sep 2001
A breach of the covenant either against subletting or against assignment are uniquely not a breach capable of remedy, and the lease was subject to forfeiture. Citations: [1974] QB 575 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Akici v LR Butlin Ltd CA 2-Nov-2005 The tenant appealed … Continue reading Scala House and District Property Co Ltd v Forbes: CA 1974
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
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
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
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
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 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
The court heard an rejected an argument that s56 worked to allow a third party to sue under a covenant to which he had not been party: ‘before he can enforce it he must be a person who falls within the scope and benefit of the covenant according to the true construction of the document … Continue reading White v Bijou Mansions: CA 1938
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
LT RESTRICTIVE COVENANTS – application under section 84 of Law of Property Act 1925 as amended – whether a building scheme existed so as to entitle certain persons to object to the proposed modification or discharge. Citations: [2009] EWLands LP – 18 – 2008 Links: Bailii Statutes: Law of Property Act 1925 84 Land Updated: … Continue reading Clarke v Murphy and Others: LT 12 May 2009
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
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
(Obiter) The section did not dispense with the need for delivery of a deed executed by a corporation. Judges: Nourse LJ Citations: (1989) 58 PandCR 189 Statutes: Law of Property Act 1925 74(1) Jurisdiction: England and Wales Cited by: Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003 The proposed landlord had sealed the … Continue reading Longman v Viscount Chelsea: CA 1989
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
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
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
A mortgagee of a leasehold interest claimed that he should have been given notice of a section 146 notice served on the lessee. Held: A mortgagee by subdemise is always at the risk of a lessor obtaining re-entry for breach of covenant without the mortgagee knowing anything about it. He is completely shut out. Every … Continue reading Egerton v Jones: CA 1939
Lord Hewart CJ said: ‘When one turns to the Third Schedule of the [1925] Act, it is apparent that it enumerates that type of machinery and plant which is conveniently described in the case as motive machinery; it is the machinery without which the mill could not begin to work, as, for example, the generation … Continue reading Townley Mill (1919) Limited v Oldham Assessment Committee: KBD 1936
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
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
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
Judges: Lord Justice Lloyd Citations: [2012] EWCA Civ 1019 Links: Bailii Statutes: National Trust Act 1937 8, Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 15 July 2022; Ref: scu.463277
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
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
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
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
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
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
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
Judges: Lord Denning MR, Edmund Davies, Megaw LJJ Citations: [1970] EWCA Civ 5, [1971] 1 QB 77, (1970) 21 P and CR 929, [1970] 3 WLR 516, [1970] 3 All ER 425 Links: Bailii Statutes: Law of Property Act 1925 62 Jurisdiction: England and Wales Land, Agriculture Updated: 12 July 2022; Ref: scu.262772
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
RESTRICTIVE COVENANTS – Discharge or modification – Residential property – Covenants regulating user – Covenant against alterations – Law of Property Act 1925, s. 84 (1) (a) and (c) Citations: [2019] UKUT 171 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 10 July 2022; Ref: scu.638279
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
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
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
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
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
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
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
The court upheld a declaration by the trial judge that the claimant was an equitable chargee under an equitable charge of the defendant’s property, notwithstanding that the claimant relied on an oral agreement by the defendant for the grant to the claimant of a charge on the property and which therefore did not comply with … Continue reading Kinane v Mackie-Conteh: CA 1 Feb 2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
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
The plaintiff had bought land landlocked save over a bridge and a lane beonging to the defendant leading to the highway. He claimed a right of way relying on a conditional grant from 1906, section 62 of the 1925 Act, and also asserted a way by necessity. Held: The defendant’s appeal succeeded. Public policy could … Continue reading Nickerson v Barraclough: CA 2 Jan 1981
The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant. Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the tenant liable to finding himself in breach of covenant in circumstances … Continue reading Blumenthal v The Church Commissioners for England: CA 13 Dec 2004
Appeal by the Defendants against an order declaring that the flank wall of 39HP which adjoins the Garden is a party wall within the meaning of section 38(1) of the 1925 Act and of section 20 of the 1996 Act. The issue on the appeal is whether the judge was right to make those declarations … Continue reading Wellington Properties Ltd v Second Duke of Westminster, Trustees of The Will of and Another: ChD 13 Nov 2018
The applicants applied to discharge or modify a restrictive covenant on land in their freehold ownership. Citations: [2001] EWCA Civ 507 Links: Bailii Statutes: Law of Property Act 1925 Jurisdiction: England and Wales Land Updated: 27 June 2022; Ref: scu.218106
Appeal from order allowing modification of restrictive covenants. Judges: Robert Walker LJ Citations: [2001] EWCA Civ 380, [2002] 1 P and CR 4 Links: Bailii Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Land Updated: 23 June 2022; Ref: scu.218053
The Plaintiff had relied on a negligent survey to purchase a substantial Elizabethan property and land. The report did not mention that the timbers of the house were badly affected by death watch beetle and worm so that the only course left to him was to replace the roof and to rebuild the timbers etc. … Continue reading Philips v Ward: CA 1956
RESTRICTIVE COVENANTS – modification – covenants restricting development, use and density to three detached private dwellings – modification sought to permit 83-bed care home – application dismissed – grounds (aa) and (c), s.84(1), Law of Property Act 1925 Citations: [2019] UKUT 70 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 14 June 2022; Ref: … Continue reading Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019
The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004
An intended assignment of a tenancy which had not been completed in writing by deed was ineffective as against Landlord. An assignment of a weekly tenancy must be by deed if it is to be valid. Citations: Gazette 22-Jan-1992, [1992] 1 All ER 744 Statutes: Law of Property Act 1925 53 Jurisdiction: England and Wales … Continue reading Crago v Julian: CA 22 Jan 1992
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money … Continue reading Smith v Muscat: CA 10 Jul 2003
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 … Continue reading Merer v Fisher and Another: CA 13 May 2003
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002
A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing further charges. Held: The fact of occupation did not add to the parents’ rights as equitable … Continue reading City of London Building Society v Flegg And Another: HL 14 May 1987
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on the strength of that promise. JAD was given permission to store items there, but … Continue reading Lloyd and others v Dugdale and Another: CA 21 Nov 2001
The landlord’s agents wrote to the proposed tenant offering a quarterly tenancy of the premises. The tenancy was to commence at a future date. The defendant endorsed the letter and returned it to say he would abide by the terms, and he was allowed into possession. He ceased to pay rent, and eventually came to … Continue reading Long v Tower Hamlets London Borough Council: ChD 29 Mar 1996
The court considered the nature of an option to buy land. Hoffman J said: ‘The granting of the option imposes no obligation upon the purchaser and an obligation upon the vendor which is contingent upon the exercise of the option. When the option is exercised, the vendor and purchaser come under obligations to perform as … Continue reading Spiro v Glencrown Properties Ltd and Another: ChD 1991
Court will not allow order for sale of mortgaged property instead of repossession where very substantial expected shortfall. Citations: Gazette 04-Feb-1998 Statutes: Law of Property Act 1925 91 Jurisdiction: England and Wales Land Updated: 02 June 2022; Ref: scu.84634
The parties entered into two linked contracts providing for a property and a business to be transferred, a lease granted and otherwise. The transfer of the property was in the sum expressed in the sum and at the time the other agreement provided for the deposit. After that transfer the claimant issued a notice to … Continue reading Omar v El-Wakil: CA 11 Jul 2001
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile. Held: The covenant operated personally only. The covenants which might be implied by the section to bind successors in title also, could not be implied where the commercial … Continue reading Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others: CA 21 Jul 2000
F granted T a lease reserving the right to deal with all rights in the property as F wanted. T used the back court and gate for business deliveries but then F granted the freehold to the plaintiff, who in turn denied all right to use the back court or gate as T had been … Continue reading Green v Ashco Horticulturist Ltd: 1966
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The bank took a second charge over property, but failed to get it registered. The chargors fell into debt and bankruptcy, and the property was sold. The proceeds were used to discharge the first charge, and then repay unsecured creditors. The bank claimed the money had been received on constructive trust. Held: The court confirmed … Continue reading Buhr v Barclays Bank plc: CA 26 Jan 2001
RESTRICTIVE COVENANTS – modification – additional house – whether covenants secure practical benefits of substantial value or advantage – loss of open aspect – loss of light – overbearing development – diminished outlook – disturbance – reduction in open market value of objectors’ houses – s84(1)(aa) Law of property Act 1925 – application refused Citations: … Continue reading Fogg, Re The Cobbles: UTLC 17 Apr 2018
A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement. Citations: Gazette 07-May-1998, [1998] EWCA Civ 746 Statutes: Law of Property Act 1925 62 Jurisdiction: England and Wales Citing: See Also … Continue reading Hillman and Hillman v Rogers and Rogers: CA 30 Apr 1998
RESTRICTIVE COVENANT – discharge or modification – leasehold flat in block of 31 flats – covenants against subletting and restricting user to lessee and his family – application refused – Law of Property Act 1925 s 84(1)(aa) Citations: [2012] UKUT 125 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 28 May 2022; Ref: scu.462567
RESTRICTIVE COVENANT – discharge – modification – covenants restricting residential redevelopment of dwellings and outbuildings forming part of grounds of listed house – benefit personal to covenantee and his family – sale of majority of benefited land to third party – whether covenants obsolete in respect of retained land under ground (a) – grounds (aa) … Continue reading Coombes, Re: Brainshaugh House: UTLC 12 Jun 2012
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998
UTLC RESTRICTIVE COVENANT – modification – dwellinghouse – proposal to extend well in front of building line – application refused – Law of Property Act 1925 s84(1)(a), (aa), (b) and c) Citations: [2012] UKUT 6 (LC) Links: Bailii Statutes: Law of Property Act 1925 8491)(a) Jurisdiction: England and Wales Land Updated: 26 May 2022; Ref: … Continue reading Coldman, Re 133 Richmond Road: UTLC 20 Feb 2012
RESTRICTIVE COVENANT – discharge – modification – proposed development of 10 flats to replace single house – whether covenants obsolete – changes to the character of the neighbourhood – whether similar covenants elsewhere on estate no longer enforceable – thin end of the wedge argument – reasonable user – whether public interest in the development … Continue reading King, Re 64 Buxton Road: UTLC 6 Feb 2012
RESTRICTIVE COVENANT – modification – leasehold interest – holiday chalet park – restriction in leases of chalets – use restricted to 10 months of year – chalet lessees seeking modification to permit 12-month use – lessors objecting – application refused – Law of Property Act 1925 s 84(1)(a), (aa) and (c) Citations: [2011] UKUT 346 … Continue reading Phillips and Others, Re: Holiday Chalets At Point Curlew: UTLC 5 Sep 2011
UTLC RESTRICTIVE COVENANT – modification – no objections – restriction prohibiting alterations etc without vendor’s approval of plans – whether obsolete – modification sought prohibiting alterations etc not in keeping with neighbourhood – held inappropriate to impose restriction that would present problems with implementation – application refused – Law of Property Act 1925 s 84(1) … Continue reading Flowers, Re 30 Burges Road: UTLC 2 Feb 2010
UTLC RESTRICTIVE COVENANT – entitlement to benefit – whether covenant annexed to land – whether land capable of being benefited – whether original covenantee entitled to be heard by virtue of contractual benefit only – admission as objectors refused Citations: [2009] UKUT 182 (LC), [2010] 4 EG 114 Links: Bailii Statutes: Law of Property Act … Continue reading Hutchinson, Re 1 Captains Gorse: UTLC 21 Sep 2009
UTLC RESTRICTIVE COVENANT – modification – unopposed application – restriction limiting plot to one dwellinghouse – modified so as to allow for the demolition of the existing property and its replacement with three detached houses and garages – grounds (a), (aa) and (c). Citations: [2009] UKUT 115 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Hayes, Re 197 Long Lane: UTLC 29 Jun 2009
Restrictive Covenant – Modification : Costs – – garden land with planning consent for additional residential dwelling – restriction preventing construction of more than one house per plot – building scheme – whether covenant secures practical benefits of substantial value or advantage – held it did not – exercise of discretion – application under ground … Continue reading Drummond and Another v Bastow and Others Re Cedar Lawn: UTLC 9 Mar 2018
UTLC Restrictive Covenant – Discharge – residential garage converted and used as a dog-grooming parlour – restrictions preventing business use and advertising – whether restrictions obsolete – whether any injury to beneficiaries – Tribunal’s discretion to order modification with conditions – s84, Law of Property Act 1925 Citations: [2018] UKUT 21 (LC) Links: Bailii Statutes: … Continue reading Holden, Re Ash Lodge: UTLC 19 Jan 2018
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
The tenant claimed that he had been injured when as the upper portion of a window was being opened one of the cords of the window sash broke and the top part of the window slipped down and caught and injured his hand. The plaintiff admitted that the defect was latent one (of which the … Continue reading Morgan v Liverpool Corporation: CA 1927
The parties were neighbours, with houses adjacent to a right of way. Slabs had been laid next to the houses forming a raised pavement. The respondents had sought to enclose their area of this raised pavement, building a porch. They now appealed an order requiring to remove what had already been built. Held: The pavement … Continue reading Minor v Groves: CA 20 Nov 1997
A right to pasture animals on a common had been levant and couchant, and as such was inalienable as a separate asset from the land where the animals were kept. The right was registered under the Act, and was thereby transformed into a right to graze a certain number of animals on the common. That … Continue reading Bettison and others v Langton and others: HL 17 May 2001
Two brothers had acquired land as joint tenants with the aid of a mortgage. Distinct orders were made against each of them charging their respective interests in the land. The mortgagee assigned the mortgage. The brothers held under a trust for sale. The judgment creditor sought to redeem the mortgage which was opposed by the … Continue reading Irani Finance Ltd v Singh: CA 1970
A non-party to a deed cannot take the benefit of a covenant even though he had been named as such in the deed. Citations: Times 13-Nov-1996 Statutes: Law of Property Act 1925 56 Land Updated: 17 May 2022; Ref: scu.77781
Land was sold. The parties disputed whether a greenhouse was included. Held: It was a large greenhouse consisting of a sectional frame bolted to a large concrete base. ‘Building’ was to be given the meaning ascribed by s62 of the 1925 Act. The greenhouse was not sufficiently affixed but rested by its own weight on … Continue reading Deen v Andrews: 1986
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
The court discussed the need for some system of acquisition of right by user. Lord Denning MR said: ‘the long user as of right should by our law be given a lawful origin if that can be done.’ Stamp LJ said: ‘if long enjoyment of a right is shown, the court will strive to uphold … Continue reading Davis v Whitby: CA 1974
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might not comply with the terms of the lease, and that the building obligation operated as a use … Continue reading Ashworth Frazer Limited v Gloucester City Council: HL 8 Nov 2001
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s interest in the matrimonial home and then sought an order under section … Continue reading Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995
The Divisional Court in Bankruptcy applied the rule that a judicial act takes effect at the very start of the day on which it occurs to give deemed precedence to a receiving order, a judicial act, over a payment made earlier in the day. The overreaching statutory trusts for sale imposed by the Law of … Continue reading Re Warren: ChD 1932
