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 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
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
Judges: Deputy Master Bowles Citations: [2022] EWHC 1694 (Ch) Links: Bailii Statutes: Law of Property Act 1925 78 Jurisdiction: England and Wales Land Updated: 06 August 2022; Ref: scu.679569
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
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
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
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
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
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
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
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
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
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 – 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
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
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 claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
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
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
The parties each had a charge over a property, and now disputed which had priority. The brewery appealed an order for rectification of the registers to reverse priority on the basis of an estoppel. The charge in their favour had been registered first, but the respondents charge was intended to secure finance to repay it … Continue reading Scottish and Newcastle Plc v Lancashire Mortgage Corporation Ltd: CA 5 Jul 2007
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
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
LT COSTS – application for modification of restrictive covenant – application by applicant to dismiss proceedings – application for modification dismissed – applicant to pay objectors’ costs on standard basis – Law of Property Act 1925, s84 Citations: [2006] EWLands LP – 13 – 2005 Links: Bailii Statutes: Law of Property Act 1925 84 Land, … Continue reading Haghighi: LT 20 Oct 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
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 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
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
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 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
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
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
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
LT RESTRICTIVE COVENANT – modification – restrictions limiting development on plot to one dwellinghouse and preventing building on specified part of site – application to amend to permit house in part of rear garden and to carry out building works on prohibited area – whether injury to objectors – Law of Property Act 1925, s.84(1) … Continue reading Turner and Another, Re: LT 7 Mar 2005
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
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
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
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
Appeal from refusal to vary restrictive covenant. Judges: Lord Justice Laws Citations: [2007] EWCA Civ 1007 Links: Bailii Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Land Updated: 28 June 2022; Ref: scu.470483
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 claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and created a further lease. Held: The judge was right to hold that, following the transfer, … Continue reading Scribes West Ltd v Relsa Anstalt and others: CA 20 Dec 2004
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
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 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
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
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004
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
Judges: Vice-Chancellor, The Vice-Chancellor Citations: [2004] EWHC 847 (Ch) Links: Bailii Statutes: Law of Property Act 1925 2(1) Jurisdiction: England and Wales Citing: Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980 Wife in Occupation had Overriding InterestThe wife had made a substantial financial contribution to the purchase price of the house which … Continue reading National Westminster Bank Plc, Malhan Malhan v Malhan, The Secretary of State for Consitutional Affairs and Lord Chancellor: ChD 22 Apr 2004
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
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 … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
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
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002
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 claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000
Land was transferred from son to his father with no consideration expressed. The father died and the son claimed that the absence of consideration meant that the house was to be held upon trust for the donor and donee as beneficial joint tenants in equal shares, and that accordingly upon the death of the father … Continue reading Lohia and Another v Lohia: ChD 7 Sep 2000
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 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
Land was sold by the authority for a public house, and the authority covenanted not to permit sales of alcohol within a half mile. They later sold land for a football stadium within that area and from where alcohol would be sold. The covenant was held to be limited to the acts of the council, … Continue reading Morrells of Oxford Ltd v Oxford United Football Club and Others: ChD 22 Jun 2000
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
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
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 COVENANTS – modification – covenant restricting development to one dwelling per plot – building scheme – proposal to erect two additional dwellinghouses within grounds of existing property – whether restrictions obsolete – whether practical benefits of substantial value or advantage secured by the restrictions – whether proposal would cause injury – application granted … Continue reading Cain, Re Waverley Lodge: UTLC 24 Nov 2009
UTLC RESTRICTIVE COVENANTS – modification – covenant restricting development to one dwelling per plot – building scheme – proposal to erect two additional dwellinghouses upon part of the rear gardens of 3 properties – whether practical benefits of substantial value or advantage secured by the restrictions – application refused – Law of Property Act 1925, … Continue reading GR and AL Developments Ltd, Re: UTLC 20 Nov 2009
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 COVENANTS – discharge or modification – building not to be used for any purpose other than maternal clinic – whether obsolete – whether injury caused to objector – application granted – Law of Property Act 1925 s84(1)(a) and (c). Citations: [2009] UKUT 114 (LC) Links: Bailii Statutes: Law of Property Act 1925 84 … Continue reading Abertawe Bro Morgannwg NHS University Trust v Coedffranc Community Council: UTLC 23 Jun 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
