There had been protracted ancillary relief litigation between the parties resulting in a final order. Part of the order related to property, but the husband asserted that he was incapable of conveying the property since, because of title difficulties, its value was reduced, and the order impossible to fulfil. Two distinguished land law experts disagreed as to the effect of the defect. The judge had eventually valued it on the capital value of the rental income.
Held: The judge had been wrong to take the valuation to the point of capitalising the rental value. It should have been dealt with by way of periodical payments. A receiver had been properly appointed to handle the property.
Judges:
Lord Justice Thorpe, Lord Justice Robert Walker, And Sir Martin Nourse
Citations:
[2001] EWCA Civ 1929
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Oceanic Village Ltd v United Attractions Ltd, Shirayama ChD 9-Dec-1999
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 05 June 2022; Ref: scu.167854