The plaintiff sought rectification of its lease. Held: The court ordered rectfication applying section 63(1): ‘I need not read any further. But [Counsel] submits, I think rightly so, that under that provision the transfer, which was a transfer of the freehold reversion, subject, of course, to the lease, from the original landlords to the present … Continue reading Boots the Chemist Ltd v Street: 1983
The fact that a way is not itself made up or identifiable on the ground may not be fatal to the establishment of an easement under Wheeldon v. Burrows or section 62 of the 1925 Act, if the ends of the way are apparent and it is clear that it was the intention of the … Continue reading Hansford v Jago: 1921
Mortgagee is entitled to relief against forfeiture retrospectively. Sub-tenants and mortgagees can also apply for relief under s 146(2). Citations: Gazette 11-May-1995, [1996] QB 231 Statutes: Law of Property Act 1925 146(2) Jurisdiction: England and Wales Landlord and Tenant Updated: 14 May 2022; Ref: scu.80364
The Court considered the effect of a note or memorandum evidencing the sale of a property where it was described as ‘6,8 and 41, Boundary Street, Shoreditch (freehold).’ It was sought to connect the signature on a purchaser’s deposit cheque with an unsigned memorandum that stated the terms of the contract. Held: Jenkins LJ said: … Continue reading Timmins v Moreland Street Property Co Ltd: CA 1958
The district auditor for Poplar Council had surcharged council members for making payments of a minimum wage of andpound;4 a week to their lowest grade of workers. This was notwithstanding that the cost of living had fallen during the year from 176% to 82% above its pre-First World War level. The council was motivated by … Continue reading Roberts v Hopwood: HL 1925
The court discussed the duties of a vendor to the property between exchange and completion: ‘These duties and rights [of a purchaser] arise from the contract of sale and it is because of their existence that the vendor is said to be a constructive trustee, or a trustee sub modo, of the estate for the … Continue reading Berkely v Poulett: CA 1977
If a notice of assignment of a debt describes the assignment by reference to a wrong date, the notice is invalid because it has described a non-existent document. Citations: [1956] 1 WLR 419 Statutes: Law of Property Act 1925 139 Cited by: Cited – Van Lynn Developments Ltd v Pelvis Construction Co Ltd 1969 A … Continue reading W F Harrison and Co v Burke: 1956
The court considered a proviso for re-entry that: ‘forfeiture on the bankruptcy of the lessee is considered as a case of breach of condition.’ Held: It was clearly a condition rather than a mere covenant of the original protected tenancy that the tenant should not become a bankrupt and this condition had been broken by … Continue reading Halliard Property Co Ltd v Jack Segal Ltd: 1978
A mortgagee may under common law go into possession before the ink is dry on the mortgage unless there is something in the contract, express or by implication, whereby he has contracted himself out of that right. He has the right because he has a legal term of years in the property or its statutory … Continue reading Four-Maids Ltd v Dudley Marshall (Properties) Ltd: 1957
The marriage between the defendants had broken down, but the wife still visited the house regularly, staying and caring for the children when the husband was away. The house was held in his sole name. He charged it to the plaintiffs, who now sought possession. The wife asserted an equitable interest, as a person in … Continue reading Kingsnorth Finance Co Ltd v Tizard: ChD 1986
The test under the section was whether it was inequitable to make the order for sale where one of the joint beneficiaries, who in that case were ex-husband and wife, wished to realise their investment in the property. Held: Referring to the statement of principle in in re Mayo, described as ‘a simple uncomplicated case … Continue reading Jones v Challenger: CA 1960
In a contract the Defendants promised certain properties to whoever first arrived with the requisite draft contract and bankers drafts. The Plaintiffs did. Held: They failed in their claim. It involved a unilateral contract and the Defendants’ oral promises was expressly made subject to contract, but the Court decided the dispute by reference to the … Continue reading Daulia Ltd v Four Millbank Nominees Ltd: 1978
The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997
The setting aside of the statutory power of a mortgagor in possession to grant a lease, by the mortgage itself did not create in the lender a duty of good faith properly to consider a request from the mortgagor for permission to let the property. It was wrong to attempt to import such a duty … Continue reading Kenneth Starling v Lloyds TSB Bank plc: CA 10 Nov 1999
The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012
A landlord could recover under the service charge the full cost of works of repair to the outside of premises even though part of the works had been undertaken by the tenant, for which breach a waiver had been given, and even though other tenants having carried out similar works had had an allowance given … Continue reading Broomleigh Housing Association Ltd v Hughes: ChD 26 Nov 1999
Rights of a first lender to grant tenancies must be respected, and override the rights of a second mortgagee to possession. A mortgagee in possession has full power to grant a tenancy. A mortgagee is not limited by the section. Citations: Times 27-May-1999 Statutes: Law of Property Act 1925 99 Jurisdiction: England and Wales Land … Continue reading Berkshire Capital Funding Ltd v Street et Al: CA 27 May 1999
The vendor had purported to rescind the contract and retain the deposit, while selling to another purchaser at a higher price. Held: The purchaser was entitled to return of the deposit, because the notice to complete had been ineffective. After referring to Schindler, Mervin Davies J said: ‘With those observations in mind, it seems that … Continue reading Cole v Rose: 1978
The court declined to express a view on the use of section 49(2) to order the return of a deposit. Citations: [1944] 2 All ER 31 Statutes: Law of Property Act 1925 49(1) Cited by: Cited – MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another CA 11-Nov-2008 Refusal to return Land Contract Deposit … Continue reading James Macara v Barclay: CA 1944
The landlord claimed possession of a dwelling house let on a weekly tenancy, saying the tenant had been convicted of using the premises for an unlawful purpose. The tenant had been convicted of handling stolen goods by receiving them at the premises. He submitted that the section should be interpreted as applying only to convictions … Continue reading Schneiders and Sons Ltd v Abrahams: 1925
The landlord wanted to serve a section 146 notice for breach of repairing covennat. The lease had been assigned. Held: The person who had assigned was not entitled to receive a section 146 notice. Therefore the person on whom the notice should be served was the assignee. Judges: Pilcher J Citations: [1958] 1 WLR 611 … Continue reading Cusack-Smith v Gold: 1958
A property adjustment order cannot be made against a bankrupt former spouse because the property of the bankrupt vests in the trustee in bankruptcy against whom an order under section 24 cannot be made. It was highly unlikely that postponement of payment of the debts would cause any great hardship to any of the creditors. … Continue reading In re Holliday: CA 1981
A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the plaintiff, who obtained a default judgment against the husband under the … Continue reading Lloyds Bank plc v Byrne and Byrne: 1993
Lord Aitchison said: ‘The penal laws of foreign countries are strictly local, and affect nothing more than they can reach and can be seized by virtue of their authority; a fugitive who passes hither, comes with all his transitory rights; he may recover money held for his use, stock, obligations and the like; and cannot … Continue reading The El Condado: SCS 1939
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
The 1938 will of a testator was at issue. He died in 1943. The trusts included a life interest for the testator’s widow and, on her death without issue (which happened in 1971), residue was given to the testator’s three half-siblings ‘or their heirs and surviving issue’. Held: The heirs were to be ascertained in … Continue reading In re Bourke’s Will Trusts: ChD 1980
The wife claimed that the husband had forged the mortgage document. The Society said that she had allowed them to believe that she had consented to the charge. Slade LJ set out the principle: ‘in a case where A, the holder of the legal estate in land, has executed a mortgage of the land in … Continue reading Skipton Building Society v Clayton: CA 1993
The purchaser of land had not completed and sought return of the deposit paid claiming default by the vendor, or alternatively under section 49(2). Held: He was entitled to the repayment of the deposit on the first ground. The court went further to hold that, even if the purchaser had been at fault, section 49(2) … Continue reading Schindler v Pigault: 1975
The plaintiffs contracted to buy a plot of registered land with a house to be built on it. The developer had charged the estate as a whole to a bank to secure the development finance. The developer became insolvent and the bank sold the estate as mortgagee to the first defendant ‘subject to and with … Continue reading Lyus v Prowsa Developments Ltd: ChD 1982
The court considered an assertion that a right of necessity was implied into a deed. Held: ‘In the present case the land conveyed was plainly intended to be used for building purposes, and of course it plainly needed access for building materials and for the occupants of the houses when constructed: yet there was the … Continue reading Nickerson v Barraclough (1): ChD 1980
The Vice-Chancellor said: ‘if land is conveyed in circumstances which otherwise would create a way of necessity, or a way implied from the common intention of the parties based on a necessity apparent from the deeds, does public policy prevent the creation of such a way from, being negatived by an express term in the … Continue reading Nickerson v Barraclough (2): ChD 2 Jan 1980
Section 136 by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment . Citations: [1988] 1WLR 150 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Edlington Properties Limited v J H Fenner and … Continue reading Pfeiffer GmbH v Arbuthnot Factors Limited: 1988
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported compliance with the right of pre-emption. A year later the plaintiff purported … Continue reading Pritchard v Briggs: CA 1980
The court held that under a mortgage by deposit under seal, a true equitable mortgage – that the expression ‘the mortgaged property’ in section 101 meant the property over which the mortgage deed purported to extend and was not limited to an equitable interest in that property. Judges: Wilberforce J Citations: [1964] Ch 483 Statutes: … Continue reading in Re White Rose Cottage: ChD 1964
A ‘subject to contract’ document might be evidence of an antecedent or oral contract and satisfy section 40 of the Law of Property Act 1925 if the stipulation was later waived. A memorandum or note must, if it is to be effective, not only state the terms of the contract but also contain an acknowledgement … Continue reading Law v Jones: 1974
An equitable charge of a lease has standing to apply to court for relief from forfeiture for non-payment of rent, where the tenant did not himself seek relief, but only indirectly on the basis that the lessee and chargor has a duty to take reasonable steps to preserve the charge’s security. The tenant stands in … Continue reading Bland v Ingrams Estates Ltd and Others (1): CA 18 Jan 2001
The defendants had taken an assignment of the reversion of a flat held on a long lease. The assignors had gone into liquidation when in prolonged breach of the lessor’s repairing covenant. The lessee asserted that the effect of s.142 on an assignment was to transfer the burden of past as well as future breaches … Continue reading Duncliffe v Caefelin Properties Ltd: ChD 1989
The owner had agreed to sell a long lease of an apartment to the defendant. Part of the price was to be by way of set off of an existing debt, but ths was not set out in the contract. The claimant bought the land and the benfit of the contract from the original developer, … Continue reading Dolphin Quays Developments Ltd v Mills and others: CA 17 May 2007
Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014
The plaintiff sought to enforce a restrictive covenant against using a property ‘otherwise than as a private dwelling-house’. 30 years later the Defendant purchased the property and immediately started taking paying guests. The defendant had suggested that the covenants may be modified by the Lands Tribunal, but he made no application. Held: The area was … Continue reading Chatsworth Estates Company v Fewell: 1931
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported to distrain for arrears of rent under the subtenancy. The … Continue reading Schalit v Joseph Nadler Ltd: CA 1933
Two partners had covenanted with a retiring partner that on his death they would pay certain annuities to his daughters. The Revenue claimed estate duty. Held: The claim was rejected. The daughters were not parties to the agreement, and had no right to sue for their annuities. Whether they received them or not depended on … Continue reading In re Miller’s Agreement, Uniacke v Attorney-General: ChD 1947
On an application to vary a restrictive covenant preventing further building, construction disturbance was treated as one of number of factors justifying refusal to modify. Judges: Mr Clarke Citations: [1995] 70 P and CR 569 Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Citing: Applied – Re Tarhale Limited LT 1990 Two … Continue reading Re Bromor Properties Limited: LT 1995
Two five bedroom houses were proposed on the garden of a plot for which only one plot was permitted by the restrictive covenant. There was a specific covenant relating to the use of the approach drive and preventing its use by lorries or heavy vehicles, apart from those required for a particular development. The objectors … Continue reading Re Tarhale Limited: LT 1990
The applicants sought modification of a covenant, to enable them to build a second house on a single plot within a building scheme. Held: ‘The position of the Tribunal is clear. Any application under section 84(1) must be determined upon the facts and merits of the particular case, and the Tribunal is unable to bind … Continue reading Re Snaith and Dolding’s Application: LT 1995
In the case of an application to remove or vary covenants for a property within a building scheme, there is ‘a greater onus of proof upon any applicants for the modification of covenants to show that the requirements of section 84 of the Act are satisfied.’ The court rejected a suggestion that ‘practical benefits’ were … Continue reading Gilbert v Spoor: CA 1983
The court considered the ability of a tenant to obtain relief from forfeiture for illegal or immoral use where the tenant was not aware of the breach by his sub-tenant until he received the section 146 notice. Where the tenant took prompt action to limit or prevent damage to the landlord’s reputation, relief from forfeiture … Continue reading Glass v Kencakes: 1966
The court was asked to answer a question on the assumed premise that a woman had been murdered by her son and had died intestate. The question for decision was whether the forfeiture rule prevented the son from benefiting under the intestacy provisions of the 1925 Act. Held: Clauson J said that the forfeiture rule … Continue reading Re Sigsworth: Bedford v Bedford: 1935
The court considered the interpretation of clauses allowing a notice to complete a contract for the sale of land. Godfrey QC said: ‘In my judgment this notice, served as it was under cover of the letter of November 10, 1981, referring to the National Conditions of Sale, and referring as it did to the contract … Continue reading Dimsdale Developments (South East) Ltd v De Haan: 1983
The court discussed the doctrine of privity of contract. Lord Denning MR said: ‘It is often said to be a fundamental principle of our law that only a person who is a party to a contract can sue on it. I wish to assert, as distinctly as I can, that the common law in its … Continue reading Drive Yourself Hire Co (London) Ltd v Strutt: CA 1954
A covenant required the purchasers to erect and maintain a chain link fence. Held: The covenant was a positive personal covenant between the original vendor and the original purchaser and was not a restrictive covenant. The Lands Tribunal declined jurisdiction to vary it under the section. Citations: (1962) 14 PLCR 56 Statutes: Law of Property … Continue reading Blythe Corporation’s Application: 1962
Consideration is not required to support a statutory assignment of a debt under section 136 of the 1925 Act and the lack of consideration does not need to be made good by deed. Citations: [1942] 2 KB 1 Statutes: Law of Property Act 1925 8136 Cited by: Cited – Firstdale Ltd v Quinton ComC 5-Aug-2004 … Continue reading Holt v Heatherfield Trust: 1942
In a shopping centre, a tenant and its customers had acquired the right under s62 of the 1925 Act to use the concourse. The tenant was therefore entitled to an injunction to prevent the landlord further developing the concourse in such a way as to infringe those rights. Citations: [1993] EGCS 120 Statutes: Landlord and … Continue reading Pretoria Warehousing Co Ltd v Shelton: 1993
A husband resisted his former wife’s claim under the section against his brother, her brother-in-law. He asserted, with a view to deceiving both his wife and the Court, that his brother, who held the fee of a house, did not hold any share beneficially for the husband but held entirely for himself, the brother. That … Continue reading Singh v Singh: 1985
The court was asked as to the position resulting from the assignment of a contract including an arbitration clause: ‘Where the assignment is the assignment of the cause of action, it will, in the absence of some agreement to the contrary include as stated in s136 all the remedies in respect of that cause of … Continue reading The Jordan Nicholev: 1990
The lease provided for re-entry for breach of covenant. The landlord served a notice requiring repairs and payment of compensation on both the tenant and the mortgagee. The mortgagees served a counter-notice, and the landlord proceeded against the tenant alone. The tenant argued that the counter-notice operated to trigger the requirement for proceedings to begin … Continue reading Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd: 1956
The defendant had made a mistake resulting in an equitable chargee not being given proper opportunity to object to the registration of a further charge with priority. The chargee sought compensation from the defendant registrar. Held: The registration of a charge is not to be defeated by a minor error – compensation payable. The 1925 … Continue reading Clark and Another v Chief Land Registrar and Another: ChD 2 Dec 1992
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The customer had deposited title deeds with the bank as security for a loan, but no deed of charge had been executed. Held: The mere deposit of title deeds does not create an equitable charge without more. The 1989 Act operated as a statutory bar to such a claim. The rule that the deposit of … Continue reading United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994
A tenant of a lease for 14 months, having agreed to exclude his security, granted a sub-tenancy to a business from month to month. The sub-tenant claimed security, but was held only to have taken an assignment of the tenant’s rights and so was not secure. Citations: Times 09-Apr-1999, Gazette 19-May-1999, Gazette 31-Mar-1999 Statutes: Law … Continue reading Parc (Battersea) Ltd (In Administrative Receivership) and An v Hutchinson: ChD 9 Apr 1999
‘The novel issue raised by this appeal is whether the doctrine of overreaching in section 2(1) of the Law of Property Act 1925 (‘LPA 1925′) is capable of operating in circumstances where the conveyance to a purchaser which is alleged to have the overreaching effect is the grant of an easement over land, and the … Continue reading Baker and Another v Craggs: CA 16 May 2018
There was a covenant that the premises should not ‘be used for any art trade or business or profession whatsoever . . ‘ but should be ‘kept and used only for the purposes of the Grosvenor Housing Scheme as dwellings for the working classes . . ‘. Held: A term in a restrictive covenant was … Continue reading Westminster City Council v Duke of Westminster: ChD 1991
The LAB was entitled to register the statutory charge over property which had been defended under a legal aid certificate against an application under the section. Citations: Times 24-May-1994 Statutes: Law of Property Act 1925 30 Legal Aid Updated: 09 April 2022; Ref: scu.84582
A nomination of a beneficiary to take proceeds of a life policy, where that beneficiary was in turn to pay it on to somebody else, was akin to a secret trust, but nominations are not subject to Law of Property Act 1925 s 53 since a nomination is not a disposition. Citations: Times 24-Aug-1998, Gazette … Continue reading Gold and Another v Hill; Hill v Fold and Others: ChD 24 Aug 1998
Encouragement from the landlord to one of two joint tenants to give notice to quit did not vitiate the landlord’s possession claim. Citations: Ind Summary 18-Apr-1995 Statutes: Law of Property Act 1925 26-3 36 Jurisdiction: England and Wales Landlord and Tenant Updated: 08 April 2022; Ref: scu.79603
The tenant had been convicted of permitting the premises in Great Ormond Street to be used for habitual prostitution. The landlord served a notice under section 146 which did not provide for the possibility of the breach being remedied. The evidence showed that the tenant had been knowingly and actively permitting the house to be … Continue reading Rugby School (Governors) v Tannahill: CA 1935
The mortgagor, knowing of the bank’s application for possession of the property, granted a lease to his wife for a term of twenty years. He intended to deprive the mortgagee bank of the ability to obtain vacant possession of the property as and when a possession order was made. Held: Before section 172 could be … Continue reading Lloyds Bank Limited v Marcan: CA 1973
The agency of a receiver for the mortgagor is one where the principal, the mortgagor, has no say in the appointment or identity of the receiver and is not entitled to give any instructions to the receiver or to dismiss the receiver. ‘For valuable consideration he has committed the management of his property to an … Continue reading Gaskell v Gosling: CA 28 Apr 1896
Citations: [2018] EWHC 4018 (Ch) Links: Bailii Statutes: Law of Property Act 1925 84(2) Jurisdiction: England and Wales Land Updated: 06 April 2022; Ref: scu.655441
Beneficial Interests, Trusts and Restrictions : SeveranceThe Applicant bought a house together with the Respondent’s mother as joint tenants in 1966, and both lived in separate parts. They were not related nor were they in a relationship. Solicitors acting for Respondent and her mother purportedly sent a notice severing the tenancy in November 1995. This … Continue reading Bacchus v Maduro: LRA 21 Dec 2017
UTLC RESTRICTIVE COVENANTS – Modification – Falmouth Dockyard – Application to modify restrictions so as to align covenants with those on adjoining land owned by the applicants and to allow work on commercial and military craft – potential for effect on objectors’ businesses – whether objectors enjoy practical benefits of substantial value or advantage – … Continue reading Pendennis Shipyard (Holdings) Ltd and Another v A and P Falmouth Ltd and Others Re: Falmouth Dockyard: UTLC 24 Nov 2017
Whether a notice may be served under section 146(1) of the Law of Property Act 1925 before the right to re-entry has arisen under the provisions of the lease. Held: The courts below were right in holding that a section 146 notice can be served only after the contractual right of re-entry has become enforceable. … Continue reading Toms v Ruberry: CA 8 Feb 2019
RESTRICTIVE COVENANT – modification – consent restriction – replacement house built without objector’s prior approval – density restriction – whether practical benefits of substantial value or advantage – effect of proposed new houses on the view from objector’s property – applicant planting Leylandii trees to obstruct view – exercise of discretion – application allowed under … Continue reading Hennessey v Kent, Re High View, Church Street: UTLC 23 Aug 2017
Restrictive Covenants – Modification – RESTRICTIVE COVENANTS – Modification – Law of Property Act 1925 s.84 – restriction limiting use of land to use for a sports ground or for the erection of detached houses for use as private residences only – land derelict – no prospect of future use for sports ground – land … Continue reading Derreb Ltd v Blackheath Cator Estate Residents Ltd and Others, Re Manor Way: UTLC 5 Sep 2017
UTLC RESTRICTIVE COVENANTS – discharge – modification – proposed development of chalet bungalow on garden land surrounded by houses – whether reasonable user – whether practical benefits of substantial value or advantage – whether exceptional disruption likely due to construction works – application refused – section 84(1)(aa) and (c) Law of Property Act 1925 . … Continue reading Williams, Re Leazes Terrace: UTLC 23 Aug 2017
UTLC RESTRICTIVE COVENANT- modification – preliminary issue under s84(3A) – whether right to benefit had been lost as a result of transfer of that part of benefited land most likely to benefit – relevant conveyances not before the Tribunal – Objector admitted to object but decision as to entitlement left to final hearing Citations: [2017] … Continue reading The Croft (Bickershaw) Ltd: UTLC 29 Aug 2017
RESTRICTIVE COVENANTS – Discharge – pub on housing estate – restriction on use to hotelier and licensed victualler – objectors seeking to keep pub open – possibility of pub closing – held that the restriction does not secure practical benefits to the objectors – Tribunal’s discretion to modify – application allowed – Law of Property … Continue reading James Hall and Company (Property) Ltd v Maughan and Others, Re The Aclet (Restrictive Covenants): UTLC 8 Jun 2017
Appeal from grant of permission for modification of restrictive covenants on land. Judges: Underhill, Sales, Moylan LJJ Citations: [2018] EWCA Civ 2679, [2019] JPL 471, [2019] 2 P and CR 2, [2019] 1 WLR 2729, [2018] WLR(D) 733 Links: Bailii, WLRD Statutes: Law of Property Act 1925 84 Jurisdiction: England and Wales Cited by: Appeal … Continue reading The Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd and Others: CA 28 Nov 2018
UTLC RESTRICTIVE COVENANTS – Law of Property Act 1925 Section 84 — application for discharge or modification of restrictive covenants — covenants imposed by a deed of 1910 which is no longer available — whether objectors entitled to the benefit of the covenants Citations: [2017] UKUT 248 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Sutton and East Surrey Water Plc v Kilby and Others, Re Woodcote Reservoir: UTLC 13 Jun 2017
Restrictive Covenants : Modification – restriction preventing construction of more than one house per plot – land with planning consent for an additional dwelling adjacent to existing house — whether proposed user reasonable – whether covenant secures practical benefits of substantial value or advantage to the objectors – ‘thin-end-of-the-wedge’ – whether injury to objectors – … Continue reading Dean and Another, Re The Leasow, 4 River View Close: UTLC 15 May 2017
Restrictive Covenants : Discharge and Modification – practical benefits of substantial value or advantage – building line – effect of proposed house upon outlook, overlooking, privacy, security and overshadowing – effect and significance of screening beech hedge – application refused – Law of Property Act 1925 section 84(1)(aa) and (c) Citations: [2020] UKUT 262 (LC) … Continue reading Creebray Ltd v Deninson and Another: UTLC 11 Sep 2020
LANDLORD AND TENANT – SERVICE CHARGES – s196 Law of Property Act 1925 – s 7 Interpretation Act 1978 – service of notices – waiver of invalidity of notices – s20B Landlord and Tenant Act 1985, contents of notices – appeal allowed. Citations: [2017] UKUT 150 (LC) Links: Bailii Statutes: Law of Property Act 1925 … Continue reading London Borough of Southwark v Akhtar Re: 11 and 54 John Kennedy House: UTLC 20 Apr 2017
RESTRICTIVE COVENANTS – proposed construction of additional house in existing terrace – restriction against development of application land without vendors’ approval – whether restriction obsolete – whether restriction secured substantial practical benefits – possible interference with right of way to rear of objectors’ properties – worsening of on-street car parking – application for discharge or … Continue reading Samson, Re 41 Newcombe Street: UTLC 27 Mar 2017
UTLC RESTRICTIVE COVENANT – discharge – restriction preventing use of premises other than as offices – applicants wish to convert to two residential flats – whether restriction obsolete – whether covenant secures practical benefits of substantial value or advantage – whether discharge would injure the objector – application granted – Law of Property Act 1925 … Continue reading Waggott and Another v Yip: UTLC 13 Mar 2017
Appeal against refusal to discharge a restrictive covenant on land. Judges: Arden, Sales LJJ Citations: [2017] EWCA Civ 202 Links: Bailii Statutes: Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 24 March 2022; Ref: scu.581299
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold … Continue reading Hodgson v Marks: CA 12 Mar 1971
The court rejected an argument that section 56 had altered the law to allow actions by third parties under a contract. Citations: [1959] 2 QB 226 Statutes: Law of Property Act 1925 56 Jurisdiction: England and Wales Cited by: Cited – Beswick v Beswick HL 29-Jun-1967 The deceased had assigned his coal merchant business to … Continue reading Green v Russell: CA 1959
A mortgage had been granted, but a twenty year rent free licence had not been disclosed. The bank came to seek possession, and was met with the assertion of the licence. The court at first instance had refused an injunction, saying that the appellant had behaved unconscionably in failing to disclose the licence. Held: The … Continue reading Midland Bank Ltd v Farmpride Hatcheries: CA 1980
The parties were mother and son who had purchased a property as joint tenants. The son contributed a greater part of the purchase price. The son then married, and agreements were reached as to occupation of different parts of the house. When those arrangements fell through, the son sought possession of the house. Held: Neither … Continue reading Bull v Bull: CA 1955
The husband had forged his wife’s signature on the loan application and on the charge of the house held by himself and his wife as joint tenants. He had left the country, and the plaintiff sought to enforce the charge, and ex parte obtained an order nisi charging the husband’s interest in the house. The … Continue reading First National Securities v Hegerty: CA 1984
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs. Held: The appeal failed. Where there is no express agreement concerning the division of costs, a general rule of thumb is to divide them equally between the relevant parties. But that is … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 14 Nov 2007
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered. … Continue reading Abbey National Building Society v Cann: HL 29 Mar 1990
UTLC RESTRICTIVE COVENANTS – modification – garden land with planning consent for residential dwelling – restriction preventing construction of more than one house – whether covenant secures practical benefits of substantial value or advantage – held it did not – application under ground (aa) allowed – Law of Property Act 1925 s.84(1)(aa) Citations: [2017] UKUT … Continue reading Pearce v Connelly and Others: UTLC 9 Feb 2017
UTLC Prohibition of more than one house on plot – planning permission for second house – whether covenant obsolete – held that it was not – application under grounds (a) and (c) refused – whether covenant secured practical benefits of substantial value or advantage – held that it did not – application under ground (aa) … Continue reading Rae, Re 12 Park View (Restrictive Covenants : Modification): UTLC 13 Dec 2016
UTLC RESTRICTIVE COVENANT – Costs – application to modify – objector relying solely on privity of contract – original covenantor transferring burdened land to spouse to avoid objection – objection withdrawn – whether objector to pay costs of application – rules 10(3) and 10(6)(c), Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010 — Lands Chamber Practice … Continue reading Munday v The Crown Estate Commissioners, Re: Pinewood Lodge, Oxshott: UTLC 22 Nov 2016
