Tag: Land

D’Abo v Paget and Others: ChD 10 Aug 2000

Where a clause in a conveyance was not one found in precedent books of the period, it was not useful to refer to precedents from the time to show the then conveyancing practice. Nor in this case was any support to be obtained from cases involving strict settlements using different wording.

Citations:

Times 10-Aug-2000

Jurisdiction:

England and Wales

Land

Updated: 06 September 2022; Ref: scu.79773

Milebush Properties Ltd v Tameside Metropolitan Borough Council: CA 17 Mar 2011

The court considered the availability, in private law proceedings between non-contracting parties, of a declaration on the meaning and effect of a planning obligation in a deed made pursuant to provisions in the planning legislation.

Judges:

Mummery, Moore-Bick, Jackson LJJ

Citations:

[2011] EWCA Civ 270

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 106

Jurisdiction:

England and Wales

Land, Planning

Updated: 03 September 2022; Ref: scu.430646

Trott v Broadland District Council: CA 17 Mar 2011

The appellant appealed against an injunction preventing him interfering in the recreational enjoyment of land. Planning permission had been granted to his company allowing a development on condition that land adjacent to the buildings should be left open. He was said to have enclosed part of it as a garden.

Judges:

Sullivan LJ

Citations:

[2011] EWCA Civ 301

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 187B

Jurisdiction:

England and Wales

Planning, Land

Updated: 03 September 2022; Ref: scu.430649

Irwin v Wilson and Others: ChD 23 Feb 2011

The claimant sought a declaration that his contract for the sale of leasehold property to the defendants had been lawfully terminated by a letter from his solicitors. The defendants had moved in before completion, but the claimant found himself unable to comply with a requirement of the contract and purported to rescind and required the defendants to vacate. The defendants waived compliance and sought completion. The buyers now appealed against a finding that the clause had not solely been for their benefit, and that they could not therefore waive its compliance.
Held: The contract had been validly terminated, and the appeal failed: ‘The fact that a contract . . provides . . that completion is to take place a stated number of days after the vendor has shown that he has a particular title to the land in question does not mean that the purchaser cannot waive the vendor’s obligation to show that title merely because to do so ‘will leave the date for completion in the air’ if by that is meant either that the stipulation in question cannot be waived or, if it were otherwise to be waived, the contract will cease to be enforceable.’

Judges:

Sir William Blackburne

Citations:

[2011] EWHC 326 (Ch), [2011] 23 EG 88

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hawksley v Outram CA 1892
The parties had concluded a contract for the sale of land and a business. The court considered a purported waiver of a non-compete clause, saying: ‘if there is any doubt whether [the provisions of the contract in issue] are binding upon the vendors, . .
Cited – Heron Garage Properties Ltd v Moss 1974
A contract for the sale of land was conditional on obtaining planning permission. It was not granted. The purchaser sought to enforce the contract.
Held: He failed. Brightman J said: ‘Without seeking to define the precise limits within which a . .
Cited – Joyce Chaitlal and Ganga Persad Chaitlal (in substitution for Kanhai Mahase, deceased) Dhanierami Jaglal and Maharani Jaglal v Chanderlal Ramlal PC 5-Feb-2003
PC (Trinidad and Tobago) The purchaser sought specific performance of an open contract for the sale of land.
Held: If and in so far as a contract for the sale of land does not specify a time for completion, . .
Cited – Hawker v Vickers 1991
(New Zealand Court of Appeal) The court considered the ability of a party to waive compliance with a condition, saying: ‘there is nothing inconsistent in providing expressly or by necessary implication for unilateral waiver of a condition up to a . .
Cited – Globe Holdings Ltd v Floratos 1998
(New Zealand Court of Appeal) A block of apartments was sold with possession to be given on ‘the first Friday three months after confirmation’. Special conditions required a sub-divisional consent to be obtained within 60 days of acceptance, and . .
Cited – Spiro v Glencrown Properties Ltd and Another ChD 1991
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 . .
Cited – Sudbrook Trading Estate Ltd v Eggleton HL 1982
The grantors of an option, which contained a machinery for fixing the price, had refused to appoint a valuer and that made it impossible for the contractual machinery for the valuation of the option price to work. The House of Lords held that the . .
Cited – Yewbelle Ltd v London Green Developments Ltd, Knightsbridge Green Limited ChD 8-Dec-2006
The court considered what were the obligations undertaken by a party contracting to use reasonable endeavours.
Held: The question is one of substance, not form, to be determined objectively. Lewison J said: ‘the essence of the obligation . .
Cited – Akzo Nobel UK Ltd v Arista Tubes Ltd CA 29-Jan-2010
The claimant appealed against rejection of its claim for specific performance of agreements by the defendant to take underleases of factory space. The landlord’s consent was needed, both to the grant of the underleases to Arista and also to an . .
Cited – Yewbelle Ltd v London Green Developments Ltd and Another CA 23-May-2007
The parties had entered into a contract for the development of land. Two circumstances operated to make it difficult or impossible, and the court was asked whether the contract was frustrated. The vendor was obliged to use all reasonable endeavours . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 02 September 2022; Ref: scu.429734

Legal Services Commission v Pugh (Charges and Charging Orders): LRA 21 Dec 2007

LRA Claimant with legal aid obtains a partial right of way to her property in settlement of a dispute as to her rights of access. Legal Services Commission not entitled to charge over her property under section 10(7) of the Access to Justice Act 1999.

Citations:

[2007] EWLandRA 2006 – 1672

Links:

Bailii

Statutes:

Access to Justice Act 1999 10(7)

Jurisdiction:

England and Wales

Land, Legal Aid

Updated: 02 September 2022; Ref: scu.429581

Llewellyn and Another v Lorey and Another: CA 3 Feb 2011

The parties disputed whether a right of way was exerciseable for commercial as well as private purposes.
Held: The judge had made a finding as to use which was not supported by the evidence before him.

Judges:

Thorpe, Lloyd, Patten LJJ

Citations:

[2011] EWCA Civ 37

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hollins v Verney CA 1884
A claim for a presumption of a lost modern grant must include an assertion that the enjoyment of the carriageway was continuous or uninterrupted. Lindley LJ said: ‘It is difficult, if not impossible, to enunciate a principle which will reconcile all . .
Cited – Williams and Another v Sandy Lane (Chester) Ltd CA 15-Dec-2006
The servient owner granted a lease of his land without first seeking to prevent use of the right of way by the dominant owner.
Held: The servient owner could not now rely on the fact of the lease to say that he had been disabled from . .
Cited – Pugh v Savage CA 14-Jan-1970
The enjoyment of an easement by a succession of tenants may be sufficient to create a right by prescription for the landlord. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 September 2022; Ref: scu.428533

Streeter v Trustees of Streeter Will Trust: UTTC 4 Jan 2011

COMPENSATION – compulsory purchase – preliminary issue – motorway service area – planning permission for hotel development within MSA – whether this was additional development entitling claimant to further compensation – held it was not – Land Compensation Act ss 23, 29.

Citations:

[2011] UKUT 1 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 01 September 2022; Ref: scu.428146

East Cheshire Council, Re Heawood Hall Cottage: UTTC 14 Jan 2011

UTTC TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
COMPENSATION – compulsory purchase – value of land taken – severance and injurious affection – valuation – comparables – disturbance – Land Compensation Act 1961 section 5, rules (2) and (6); Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 544,400

Citations:

[2011] UKUT 18 (LC)

Links:

Bailii

Statutes:

Land Compensation Act 1961 5, Compulsory Purchase Act 1965 7

Jurisdiction:

England and Wales

Land

Updated: 01 September 2022; Ref: scu.428144

Betterment Properties (Weymouth) Ltd v Dorset County Council and Another: ChD 23 Nov 2010

A claim was made for the rectification of the register of Town or Village Greens to remove the registration for their land.
Held: The register should be rectified. The user relied on had been neither peaceable nor ‘as of right’ as required. As to the justice of the case, the inhabitants of Wyke Regis would be entitled to enjoy rights over the land which should not have been conferred on them. However the claimant had purchased the land already subject to the registration. Morgan J said: ‘Having reviewed the evidence as to the position of the landowners, and in particular Betterment, my conclusions are as follows. The previous landowners could show that they would have been at a substantial disadvantage by reason of the land being registered as a green as compared to the situation they would have been in if the land had not been so registered. At the present time, Betterment can also show that it will be at a substantial disadvantage by reason of the registration as compared with the case where the land was not registered as a green. That difference is represented by a substantial amount in money terms. When Betterment bought the land, it paid more than the land was worth if the land were to remain registered as a green; it paid less than the value of the land if the registration were to be rectified. That is precisely what one would expect with a purchase of land where its value is subject to uncertainty as to a future event. Mr Petchey argued that Betterment had made a gamble. If the gamble were to pay off and the registration were to be rectified then, he said, Betterment would have a windfall, namely, the enhancement in value attributable to the removal of the registration. If, on the other hand, the gamble did not pay off and the registration continued then, he said, Betterment had taken that risk with its eyes open. I do not regard that submission, describing Betterment as having made a gamble, as any reliable guide to where the justice of the case lies as regards rectification. I regard it as more accurate to come to the conclusion that any landowner including Betterment, will be significantly worse off if the registration continues as compared with the alternative of the registration being rectified. I would therefore reach the conclusion that the continuation of a registration which ought not to have been made in the first instance will cause substantial harm to any landowner, including in this case’

Judges:

Morgan J

Citations:

[2010] EWHC 3045 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Betterment Properties (Weymouth) Ltd v Dorset County Council ChD 2-Mar-2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should . .
See Also – Betterment Properties (Weymouth) Ltd v Dorset County Council CA 6-Feb-2008
A large area of land had been registered as a town or village green. The company, owner of the land, had succeeded in having the registration removed. The Council appealed, question whether the procedure undertaken by the High Court on such an . .

Cited by:

Appeal from – Betterment Properties (Weymouth) Ltd v James Carthy and Company Ltd CA 15-Dec-2010
Dispute as to presence of public right of way. . .
Cited – Paddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
Cited – Paddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 27 August 2022; Ref: scu.426468

Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation.
Held: The application failed: ‘there was no strict compliance with the requirements of paragraph 1 of Schedule 14 to the 1981 Act. The maps which accompanied the applications were not drawn to a scale of no less than 1:25,000.’ Moreover, the departures were not such as to fall within a de minimis principle: ‘a map to a scale of 1:50,000 is very different from a map to a scale of 1:25,000, in particular, in terms of the detail relevant to the routes of the claimed ways and their impact relative to surrounding features.’

Judges:

Supperstone J

Citations:

[2012] EWHC 2634 (Admin), [2013] PTSR 302

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53(5), Natural Environment and Rural Communities Act 2006, Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993, Highways Act 1980 130

Jurisdiction:

England and Wales

Citing:

Cited – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .

Cited by:

Appeal from – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
At first Instance – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 27 August 2022; Ref: scu.464625

Bank of Scotland v Hussain and Another: ChD 5 Nov 2010

The second defendant had, under the undue influence of the first defendant sold him her house at an undervalue. She also asserted non est factum. He then charged it to the claimant. The court was asked which innocent party should prevail. She said she had been in actual occupation at the time of the charge. The bank said that the defendant was estopped from raising now issues which could have been brought in the earlier proceedings.

Judges:

Newey J

Citations:

[2010] EWHC 2812 (Ch)

Links:

Bailii

Statutes:

Land Registration Act 1925 70(1)(g)

Jurisdiction:

England and Wales

Citing:

Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Thoday v Thoday CA 1964
The court discussed the difference between issue estoppel, and action estoppel: ‘The particular type of estoppel relied upon by the husband is estoppel per rem judicatam. This is a generic term which in modern law includes two species. The first . .
Lists of cited by and citing cases may be incomplete.

Land, Undue Influence

Updated: 26 August 2022; Ref: scu.425781

Beazer Homes Ltd v County Council of Durham: CA 13 Oct 2010

The appellant had sold land next to its own for use as a school. Access rights were given to assist construction of the school. The council wanted to use the rights in what was no to be a competing residential development. The appellant wished to use the land as a ransom strip. The council argued that the rights to construct and have adopted a roadway and services over the land were not so restricted by virtue of the 1959 Act.

Judges:

Mummery, Lloyd, Sullivan LJJ

Citations:

[2010] EWCA Civ 1175

Links:

Bailii

Statutes:

Highways Act 1959 39(1) 40 202, Highways (Miscellaneous Provisions) Act 1961 11(1), Highways Act 1980

Jurisdiction:

England and Wales

Land

Updated: 25 August 2022; Ref: scu.425609

Global Financial Recoveries Ltd v Jones: ChD 13 Jan 2000

The defendant entered into a mortgage loan. The property was repossessed and he faced an action for recovery of the shortfall. It was argued that the claim was out of time after six years. The court held that the debt remained a specialty debt and the twelve year period applied, but nevertheless, the actual claimant claimed under an assignment which had assigned only the personal element of the debt, but not the benefit of the covenant within the mortgage deed. An assignment of the debt alone operated to assign that debt, and not the right given under the mortgage, and so a claim under the assignment was limited as under contract.

Citations:

Gazette 13-Jan-2000, Times 23-Feb-2000, [2000] BPIR 1029

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Cited by:

Cited – West Bromwich Building Society v Wilkinson HL 30-Jun-2005
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation . .
Lists of cited by and citing cases may be incomplete.

Limitation, Land, Banking, Limitation

Updated: 24 August 2022; Ref: scu.80875

Coleen Properties Ltd v Minister of Housing and Local Government: CA 26 Jan 1971

The Minister confirmed a compulsory purchase order despite it having been made without any supporting evidence.
Held: The order was set aside. The Minister had erred in not following his Inspector’s conclusion that a compulsory purchase order was not ‘reasonably necessary’ under section 43(2) of the 1957 Act, when there was no material on which he could properly reach a different conclusion.
Lord Denning MR said: ‘I know that on matters of planning policy the Minister can overrule the Inspector, and need not send it back to him, as happened in Lord Luke of Pavenham v Minister of Housing and Local Government. But the question of what is ‘reasonably necessary’ is not planning policy. It is an inference of fact on which the Minister should not overrule the Inspector’s recommendation unless there is material sufficient for the purpose. There was none here.’
Sachs LJ said that whereas the Inspector ‘may well be looked on as an expert for the purpose of forming an opinion of fact, the Minister is in a different position . . no Minister can personally be an expert on all matters of professional opinion with which his officers deal with from day to day.’

Judges:

Lord Denning MR, Sachs LJ, Buckley LJ

Citations:

[1971] 1 All ER 1049, (1971) 1 WLR 433, [1971] EWCA Civ 11

Links:

Bailii

Statutes:

Housing Act 1957 43(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Chant v Secretary of State for Transport, Local Government and the Regions and another Admn 1-Jul-2002
The applicant challenged an order requiring him to discontinue use of land on which were listed buildings in need of repair. The authority had concluded that compulsory purchase would not be sufficient to achieve the result required. The land owner . .
Cited – Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another Admn 5-Dec-2014
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it.
Held: The claim failed. The planning inspector’s report is the . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative, Housing

Updated: 20 August 2022; Ref: scu.181252

Unknown Owner and Another v Burnley Borough Council – 192 (LC): UTLC 28 Sep 2009

UTLC COMPENSATION – compulsory purchase – dwelling house – absent and untraceable owners – valuation of freehold reversion and long leasehold interests – compensation assessed at andpound;15 and andpound;30,000 respectively

Citations:

[2009] UKUT 192 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415035

Barlow v Highways Agency: UTLC 29 Apr 2010

COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90

Citations:

[2010] UKUT 121 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415012

Robinson, Re 5 Beckworth Close: UTLC 24 Aug 2009

UTLC RESTRICTIVE COVENANT – modification – proposed development of a detached bungalow to the rear of existing house – whether practical benefits of substantial value or advantage secured to objectors – whether a building scheme – application granted – compensation totalling pounds 23,000 awarded – Law of Property Act 1925 s84(1)(aa)

Citations:

[2009] UKUT 159 (LC), [2010] 1 P and CR 20

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415022

Unknown Owner and Another v Burnley Borough Council – 191 (LC): UTLC 28 Sep 2009

UTLC COMPENSATION – compulsory purchase – dwelling house – absent and untraceable owners – valuation of freehold reversion and long leasehold interests – compensation assessed at andpound;11 and andpound;25,000 respectively

Citations:

[2009] UKUT 191 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415034

O’Donovan v Manchester (Ringway) Airport Plc: UTLC 26 Aug 2009

COMPENSATION – limitation – Land Compensation Act 1973 – whether proceedings brought when notice of reference sent to Tribunal – whether notice of reference a nullity if failing to identify all persons interested in the land – held claim not statute barred – 1973 Act s 16, Limitation Act 1980 s 9(1), Lands Tribunal Rules 1996 rr 10 and 11

Citations:

[2009] UKUT 164 (LC), [2009] RVR 358

Links:

Bailii

Jurisdiction:

England and Wales

Land, Limitation

Updated: 18 August 2022; Ref: scu.415021

Welford v Transport for London: UTLC 9 Apr 2010

UTLC COMPENSATION – compulsory purchase of part of forecourt to commercial premises and half road width for highway improvements – loss of rent and rental voids – injurious affection – valuation assumptions – personal time – pre-reference costs – Land Compensation Act 1961 section 5, rule (6) and Compulsory Purchase Act 1965 section 7 – compensation determined at pounds 8,641.50

Citations:

[2010] UKUT 99 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415018

LY v Liverpool City Council: UTLC 29 Apr 2010

COMPENSATION – compulsory purchase – open market value of restaurant – analysis of comparable rentals and yields – analysis of comparable leasehold sale – cost of repairs and refurbishment – compensation assessed at pounds 55,000

Citations:

[2010] UKUT 120 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.415016

Willowtech Ltd v Neath Port Talbot County Borough Council: UTLC 25 Feb 2010

UTLC COMPENSATION – compulsory purchase – small industrial estate – capital value of freehold interest – rent passing – open market rental value – yield – comparables – loss of rent on review – management time – compensation awarded andpound;298,450.

Citations:

[2010] UKUT 44 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land, Damages

Updated: 18 August 2022; Ref: scu.415001

TEB Travel Ltd v The Secretary of State for The Environment, Transport and The Regions: UTLC 9 Feb 2010

lUTLC COMPENSATION – compulsory purchase – travel agency and foreign exchange business – abortive move followed by double relocation – temporary loss of profits – directors’ and staff time – admissibility of late evidence – interim decision

Citations:

[2010] UKUT 30 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 18 August 2022; Ref: scu.414998

Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application must be contained in a single document, namely the prescribed form . . Minor departures from the requirements of para 1 do not invalidate an application. In my judgment, there are circumstances in which a valid application may be contained in the application form when read with another document.’ The lack of a date and signature in an application form can in principle be cured by a dated and signed letter sent shortly after the submission of the form, where the omissions are pointed out and the Council is asked to treat the application as bearing the date of the letter and the signature of the author of the letter. However, even making de minimis allowances, the application was not compliant.

Judges:

Dyson, Richards, Jackson LJJ

Citations:

[2010] EWCA Civ 280

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53, Natural Environment and Rural Communities Act 2006 67(1)

Jurisdiction:

England and Wales

Citing:

Cited – DA Botany Bay City Council v Remath Investments 15-Dec-2000
(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed . .
Cited – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Appeal from – Maroudas v Secretary of State for Environment, Food and Rural Affairs and Another Admn 9-Mar-2009
Application was to quash the decision of the Secretary of State, made by an inspector in May 2008 following a hearing, to confirm a modification order made in response to an application originally made under section 53(5). It had had several . .

Cited by:

Cited – Fortune and Others v Wiltshire Council and Another CA 20-Mar-2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights.
Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the . .
Cited – Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council Admn 2-Oct-2012
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 15 August 2022; Ref: scu.403355

Lester and Another v Woodgate and Another: CA 9 Mar 2010

Sherwell was entitled to a right of way over land belonging to Mr Mees. Mr Mees carried out work to the route over which the right of way ran which made it unusable. The work that he carried out amounted to an actionable nuisance. Sherwell made no complaint. The lack of objection by Sherwell made it possible for Mr Mees to sell his land to Mr and Mrs Woodgate without having to give notice of any dispute about the right of way. Sherwell then sold its land to Mr and Mrs Lester.
Held: Sherwell’s appeal failed. Mr and Mrs Lester were estopped from asserting the right of way. Patten LJ noted that the pleaded case was that by failing to take any steps to prevent the creation of an actionable nuisance by Mr Mees, Sherwell became estopped as against Mr Mees and his successors in title from enforcing the right of way. He said: ‘If the claimant’s conduct at the time takes the form of encouraging the defendant to believe that his otherwise tortious interference with the claimant’s property will be waived and not objected to and, in reliance on that, the defendant subsequently acts in a way which can be characterised as detrimental then the position is, I think, different from the facts considered in Ramsden v Dyson and the court does then have to decide whether the causative effect of that conduct is sufficient to bar the enforcement of the legal right.’
Patten LJ rejected the submission that Sherwell’s acquiescence had not been relied on by Mr Mees. Mr Mees was entitled to rely on that acquiescence in formulating his replies to enquiries before contract. What is important is that the case was decided on the basis of reliance by the person to whom the representations were made and who was the property owner at the time of the reliance.

Judges:

sedley, Jacob, Patten LJJ

Citations:

[2010] EWCA Civ 199, [2010] 2 P and CR 21

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Watt v Dignan and Others CA 5-Oct-2017
The parties disputed the continued existence of rights to use a toilet. The servient owner sought to establish an estoppel.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 14 August 2022; Ref: scu.402553

Garrow v Society of Lloyd’s: ChD 18 Jun 1999

Lloyds sought to claim against the Names on a ‘pay now, sue later’ clause.
Held: The power to order a stay of execution for possession remained and could be exercised in an appropriate case even though a cross-claim under which it was requested, could have been raised at an earlier stage in the proceedings. There was no hard rule of law to prevent such a request.
Jacob J said: ‘The other point urged upon me was the ‘pay now sue later’ clause. Mr Garrow had agreed that if he was to bring a cross claim he would nonetheless pay the claim at once. This is of course true, and if he had the means then I have no doubt that he should be made to do so. But I am concerned with whether the draconian effect of the bankruptcy should be imposed when he may have a perfectly good cross claim. It seems to me that this would be disproportionate, given the fact that with the Commercial Court decision likely soon, there is no tangible benefit to be had.’

Judges:

Jacob J

Citations:

Times 18-Jun-1999, [1999] BPIR 668

Jurisdiction:

England and Wales

Cited by:

Appeal from – Garrow v Society of Lloyd’s CA 28-Oct-1999
A proper counterclaim against Lloyd’s of London for fraudulent misrepresentation with an amount at stake equal to the amount claimed was a proper basis for setting aside a statutory demand for a sum due to Lloyd’s, despite the existence of a deed . .
Cited – Remblance v Octagon Assets Ltd CA 17-Jun-2009
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, . .
Lists of cited by and citing cases may be incomplete.

Land, Insolvency

Updated: 14 August 2022; Ref: scu.80759

Higgs v Leshel Maryas Investment Co and Another: PC 26 Nov 2009

(From the Court of Appeal of the Commonwealth of the Bahamas) The court was asked whether the appellant, Mr Kenneth Higgs, has obtained, whether for himself or on behalf of the estate of his late mother, Clotilda Higgs, of which estate he and a brother of his are the executors, a good possessory title to the land in New Providence Island later described to the exclusion of the other tenants-in-common of the land, and, in particular, the respondent.

Judges:

Lord Hope, Lord Scott, Lady Hale, Lord Brown, Lord Mance

Citations:

[2009] UKPC 47

Links:

Bailii

Commonwealth, Land

Updated: 07 August 2022; Ref: scu.381557

Fairmile Portfolio Management Ltd v Davies Arnold Cooper (A Firm): ChD 4 Nov 1998

Where land had been charged to a bank to secure partnership borrowings, and partners were described as ‘borrowers’ and chargors as ‘mortgagor’, a non-partner chargor was not under an implied obligation himself to repay the borrowings.

Citations:

Times 04-Nov-1998

Jurisdiction:

England and Wales

Land

Updated: 06 August 2022; Ref: scu.80449

Herkanaidu v Lambeth London Borough Council: ChD 28 Feb 2000

The existence of a local land charge was not a matter going to the title of the property, but was something to be dealt with properly and simply in the normal course of the conveyancing process, and so could not be used as founding the right of a vendor unwilling to remove the charge, to rescind the contract. In any event, in this case, the request by the vendor for further time to comply with the request operated to remove any right to rescission.

Citations:

Times 28-Feb-2000

Jurisdiction:

England and Wales

Land

Updated: 06 August 2022; Ref: scu.81343

Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: ChD 27 Jun 1995

The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.

Judges:

Edward Nugee QC

Citations:

Ind Summary 24-Jul-1995, Times 27-Jun-1995, Gazette 13-Jul-1995, [1996] Ch 1

Jurisdiction:

England and Wales

Cited by:

Appeal from – Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another CA 1-Dec-1995
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s . .
Lists of cited by and citing cases may be incomplete.

Land, Legal Professions, Banking

Updated: 06 August 2022; Ref: scu.81153

Grindal and Another v Hooper and Others: ChD 17 Dec 1999

A conveyance to joint tenants required any severance of the joint tenancy, to be recorded by endorsing the notice of severance on the transfer. The joint tenancy was purported to be severed, but no notice was endorsed. The failure to endorse the notice could not defeat the validity of the severance. The purpose of the clause was to assist any purchaser in obtaining good title, and was not intended to limit the effect of any severance as between the tenants.

Citations:

Gazette 17-Dec-1999, Gazette 20-Jan-2000, Times 08-Feb-2000

Jurisdiction:

England and Wales

Land, Equity

Updated: 05 August 2022; Ref: scu.81050

Pattle and Another v the Secretary Of State for Transport: UTLC 21 Jul 2009

UTLC COMPENSATION – compulsory purchase -preliminary issue -small part of claimant’s land within the limits of deviation for Channel Tunnel Rail Link and eventually compulsorily acquired under Channel Tunnel Rail Link Act 1996 – claim advanced for value of land taken and severance and injurious affection – claim also advanced under rule 6 of Land Compensation Act 1961 section 5 for losses allegedly sustained by claimants by way of lost rents they would have received from a redevelopment of the land in 1996 but which redevelopment was deferred because of the prospective acquisition of part of the land and the general blighting effects of scheme – whether this rule 6 claim should be dismissed at a preliminary hearing in advance of any consideration of the evidence or of issues of causation remoteness or reasonableness – ‘before and after’ valuation method considered.

Citations:

[2009] UKUT 141 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 July 2022; Ref: scu.373416

Weybridge Management Ltd v Spelthorne Borough Council: UTLC 16 Jul 2009

UTLC COMPENSATION – compulsory purchase – Green Belt land – conservation area – hope value – comparables – price indices – claimant’s own time – surveyor’s fees – VAT – compensation determined at andpound;102,000.

Citations:

[2009] UKUT 135 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 30 July 2022; Ref: scu.373422

Pryor, Re 54 Nelmes Way: UTLC 15 Jul 2009

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: 30 July 2022; Ref: scu.373417

Moore v British Waterways Board: ChD 12 Mar 2009

Citations:

[2009] EWHC B12 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Moore v British Waterways Board CA 5-Feb-2010
The claimant sought the right to moor his houseboats on the Grand Union Canal, a waterway regulated by the defendant who issued licences. The claimant said that rights granted under the 1793 Act survived the new scheme. The defendant said that a . .
See Also – Moore v British Waterways Board ChD 10-Feb-2012
The claimant said that the defendant did not have the powers it claimed in serving notices requiring him to remove boats from a section of the Grand Union Canal.
Held: The respondent did have the power under section 8 of the 1983 Act. As a . .
Lists of cited by and citing cases may be incomplete.

Land, Transport

Updated: 28 July 2022; Ref: scu.347119

Carter and Another v Cole and Another: CA 20 May 2009

Citations:

[2009] EWCA Civ 410

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Carter, Carter v Cole, Cole CA 11-Apr-2006
Disputed right of way. The court recognised the right of the owner of a servient tenement to repair a roadway.
Longmore LJ said that step-in rights are, by definition, rights to reasonable access for maintenance of the servient tenement, . .
Lists of cited by and citing cases may be incomplete.

land

Updated: 26 July 2022; Ref: scu.346214

Thompson v Foy: ChD 20 May 2009

Lewison J discussed the decision in Etridge: ‘In the light of the arguments before me, there are some additional observations I should make. First, although in Etridge Lord Nicholls of Birkenhead described the paradigm case of a relationship where influence is presumed as being one in which the complainant reposed trust and confidence in the other party in relation to the management of the complainant’s financial affairs, I do not consider that this description was intended to be exhaustive. To restrict the type of trust and confidence in this way would not be consistent with the authoritative exposition by Lindley LJ in Allcard v Skinner (1887) 36 Ch D 145 in which Lindley LJ referred to ‘cases in which the position of the donor to the donee has been such that it has been the duty of the donee to advise the donor, or even to manage his property for him’. This very sentence was paraphrased by Lord Nicholls. In addition, when describing the circumstances in which the burden of proof would shift Lord Nicholls used much more general language . . Second, the requisite trust and confidence can arise in the course of the impugned transaction itself: Turkey v Awadh [2005] 2 P and CR 29.’

Judges:

Lewison J

Citations:

[2009] EWHC 1076 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Allcard v Skinner CA 1887
The donor had parted with almost all her property. She now sought to have the transaction set aside for undue influence.
Held: Where a wife has entered into a gratuitous transaction with her husband, the burden was on the husband as donee to . .
Cited – Turkey v Awadh and Another CA 8-Mar-2005
. .

Cited by:

Cited – Hewett v First Plus Financial Group Plc CA 24-Mar-2010
The appellant appealed against a mortgage possession order, saying that she had been misled into signing the charge by a non-disclosure by her husband of an extra-marital affair he was conducting. The bank had not met the standards set in Etridge, . .
Applied – Link Lending Ltd v Bustard CA 23-Apr-2010
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had . .
Lists of cited by and citing cases may be incomplete.

Undue Influence, Land

Updated: 26 July 2022; Ref: scu.346246

HRH Emere Godwin Bebe Okpabi and Others v Royal Dutch Shell Plc and Another: TCC 26 Jan 2017

Claims for damages arising from failures in oil pipeline management in Nigeria.

Citations:

[2017] EWHC 89 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At FTT – Ogale Community and Others v Royal Dutch Shell Plc and Another CA 14-Feb-2018
The claimants sought damages after widescale historic damage to areas of Nigeria by subsidiaries of the defendant. The defendant said that the court did not have jurisdiction to hear such a claim.
Held: The claimants had not established the . .
At FTT – Okpabi and Others v Royal Dutch Shell Plc and Another SC 12-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Land

Updated: 25 July 2022; Ref: scu.573402

Potters v Loppert: ChD 1973

The court was asked as to the liability of an estate agent to account for interest earned upon a pre-contract deposit paid to him expressly as a stakeholder. No contract was made.
Held: A stakeholder is not a trustee or agent; he is a principal who owes contractual obligations to the depositors. A pre-contract deposit paid by a prospective purchaser was received subject to an obligation to repay the money on request unless and until a contract was concluded. Material considerations included that until the event was known the recipient was to keep the money in his own hands, but if the recipient employed the money he was entitled to any profit and answerable for any loss.
Sir John Pennycuick V-C said: ‘I propose, in the first place, to consider the law in relation to contract deposits. Looking at the position apart from authority, one might perhaps at first sight rather expect that where any property is placed in medio in the hands of a third party to await an event as between two other parties the third party receives that property as trustee, and that the property and the investments for the time being representing it represent the trust estate. Where the property is something other than money – for example, an investment – that must, in the nature of things, almost certainly be the position. But where the property is money – that is, cash or a cheque resulting in a bank credit – this is by no means necessarily so. Certainly the money may be paid to the third party as trustee, but equally it may be paid to him as principal upon a contractual or quasi-contractual obligation to pay the like sum to one or other of the parties according to the event. It must depend upon the intention of the parties, to be derived from all the circumstances, including any written documents, in which capacity the third party receives the money.’

Judges:

Sir John Pennycuick V-C

Citations:

[1973] Ch 399, [1973] 1 All ER 658

Jurisdiction:

England and Wales

Cited by:

Cited – Rockeagle Ltd v Alsop Wilkinson CA 1991
The position of a stakeholder and the two potential claimants to a stake is the subject of a tripartite contract. The relationship between the stakeholder and the two potential claimants is contractual, not fiduciary. The money is not trust money. . .
Cited – Manzanilla Limited v Corton Property and Investments Limited; John MacIver (Southport) Limited; Rootbrights Limited and Halliwell Landau (a Firm) CA 13-Nov-1996
Millett LJ set out the principles applicable to a deposit paid on a land transaction being held by a stakeholder: ”Where a stakeholder is involved, there are normally two separate contracts to be considered. There is first the bilateral contract . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 25 July 2022; Ref: scu.550154

In Re Wallis and Simmonds (Builders) Ltd: ChD 1974

The deposit of title documents, without more, gives rise to an inference that the deposit was intended by the parties to operate as creating an equitable charge or mortgage over the property whose title document is deposited. In logic there could be no distinction between deposits to secure a first and third party indebtedness.
Templeman J said: ‘But in my judgment this is a contractual lien – it is said to be a contractual lien – and that makes all the difference. It is also a contractual charge; true it is that the charge arises by presumption, but it does not arise by operation of law. What the court does is to say: `We shall not compel the parties to write down in so many words what the effect of the deposit of title deeds is; we shall simply assume that when they contract, and although they probably do not know the consequences, the person who takes the title deeds contracts not only to retain them but also to have an equitable charge on the land.’ The presumption reads into the contract the charge which is implied. If that is right, the charge was created by the company and is therefore registrable under s95.’

Judges:

Templeman J

Citations:

[1974] 1 WLR 391, [1974] 1 All ER 561, [1974] AC 467

Jurisdiction:

England and Wales

Cited by:

Cited – United Bank of Kuwait Plc v Sahib and Others CA 2-Feb-1996
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 . .
Lists of cited by and citing cases may be incomplete.

Land, Equity

Updated: 25 July 2022; Ref: scu.434815

Gold v Mincoff Science and Gold: ChD 18 Jan 2001

A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover money, but then enlarged when the creditor appreciated the extent of the all monies charge. The claimant sought damages for negligence from the solicitor.
Held: The limitation defence succeeded only in part. Where the solicitor had chosen to hide the effect of the clause from his client on signing later charges, liability arising under earlier charges continued.

Judges:

Neuberger J

Citations:

Gazette 18-Jan-2001

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Cited by:

Appeal From – Gold v Mincoff Science and Gold (A Firm) CA 19-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Land, Limitation

Updated: 25 July 2022; Ref: scu.80896

Phoenix Property Investors Ltd v Grange Securities Ltd: ChD 5 May 2011

A contract for the sale of land required certain works to be completed before completion was to take place. The parties disputed whether the works had been adequately completed and accordingly made cross allegations of repudiation and breach.

Judges:

David Cooke J

Citations:

[2011] EWHC 1131 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 25 July 2022; Ref: scu.434889

HKRUK II (CHC) Ltd v Heaney: ChD 3 Sep 2010

The claimant sought a declaration that its property was free of a suggested right of light in favour of its neighbour

Judges:

Langan QC HHJ

Citations:

[2010] EWHC 2245 (Ch), [2010] 44 EG 126, [2010] 3 EGLR 15

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Shelfer v City of London Electric Lighting Company, Meux’s Brewery Co v Same CA 1895
The plaintiff sought damages and an injunction for nuisance by noise and vibration which was causing structural injury to a public house.
Held: The court set out the rules for when a court should not grant an injunction for an infringement of . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited – Regan v Paul Properties Ltd and others CA 26-Oct-2006
The court considered the appropriate remedy after a finding of infringement of a right to light, and in particular: ‘whether the proper remedy for infringement in this case is damages for nuisance, as ordered by the court below, or whether a . .
Cited – Jacklin and Another v Chief Constable of West Yorkshire CA 16-Feb-2007
The claimants asserted a vehicular right of way over land belonging to the defendant poilce authority. The defendant said that it had been abandoned. The judge found that it had not been and granted an injunction to prevent the defendants . .
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Tamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd ChD 8-Feb-2007
The defendant had been found liable for infringing the claimant’s right of light. The court considered the proper measure of damages.
Held: The court should ask what might be the fair result of a hypothetical negiation for the sale of the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 25 July 2022; Ref: scu.434924

Shire Barns Developments Llp, Re: Wealden Way: LT 4 Apr 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 84(1)(c)

Jurisdiction:

England and Wales

Land

Updated: 24 July 2022; Ref: scu.341641

Brighton and Hove City Council, Re Land Between Marine Drive and the Cliff: LT 4 Feb 2009

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.

Citations:

[2009] EWLands LP – 14 – 2007

Links:

Bailii

Statutes:

Law of Property Act 1925 84

Jurisdiction:

England and Wales

Land

Updated: 24 July 2022; Ref: scu.341629