Complex family trusts had been created over many years. Various documents were now disputed, and particularly the extent of land demised by a lease, and whether a surender of a lease had occurred. Landslides had disturbed the boundaries of the land. An arbitrator had decided the new rent on the basis of his own findings as to the extent of the land.
Held: There had been an implied surrender of the lease, and in any event an issue estoppel arose from the determination by the arbitrator even though he had been asked only to decide the rent.
Judges:
C Freedman QC
Citations:
[2006] EWHC 2324 (Ch)
Links:
Statutes:
Law of Property Act 1925 62(1)
Jurisdiction:
England and Wales
Citing:
Cited – Kirkby v Robinson 1965
It is fundamental for an arbitrator asked to settle a rent to adjudicate on the extent of a land holding in order to decide the amount of that rent. If the Parties could not agree it, then the arbitrator would have to do so. Such preliminary issues . .
Cited – Gray v Owen 1910
Even if one of the parties to a tenancy is acting under a mistake, there can be a surrender of a tenancy by law, provided that the mistake is not induced by the fraud of the other. . .
Cited – Wheeldon v Burrows CA 17-Jun-1879
Quasi-Easements granted on sale of part of Estate
S owned a workshop and an adjoining plot of land. The workshop had three windows looking out over the plot. The property was sold in separate lots at auction. The land was sold with no express reservation of any easements, and then similarly the . .
Cited – Huckvale v Aegean Hotels Ltd CA 1989
Whether there has been an extinguishment of easements is a question of fact and degree in each case. . .
Cited – Tarjomani v Panther Securities Ltd CA 1983
The tenant disputed whether he had surrendered the property in the lease.
Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates . .
Cited – Long v Gowlett 1923
Except where a right claimed is continuous and apparent, there must be diversity of ownership or occupation prior to the conveyance for section 62 (1) to apply. . .
Cited – Sovmots Investments Ltd v Secretary of State for the Environment 1977
. .
Cited – Fidelitas Shipping Co Ltd v V/O Exportchleb CA 1965
Where there is an award that is on its face an interim award, then the arbitrator is only functus officio with respect to the issues dealt with in that interim award and retains the authority to deal with the remaining matters. Issue estoppel . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Arbitration
Updated: 07 April 2022; Ref: scu.245070
