Co-ownership
and trusts of land
Easements and other
similar
claims (e.g. village greens)
The law
of mortgages
Registered land
Adverse
possession
Proprietary
estoppel
Covenants
affecting freehold land
Leases,
including leases and licences
Section 2 LPA 1989:
Formalities
Human Rights
Leeds City
Council v Hall, Birmingham CC v Frisby, Hounslow v Powell,
Supreme Court, 2011, providinf further guidance after Pinnock
Manchester City Council v Pinnock Supreme Court 3 November 2010 - [2010] UKSC 45. Re-assessing Qazi
London Borough of Wandsworth v Dixon , 15 January 2009, High Court, applying Qazi, Doherty et all
Doherty v Birmingham City Council, House of Lords, July 2008, Article 8 and the enforcement of property rights. Discussion of Qazi and Connors and Kay
Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents) and Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants), House of Lords, March 8 2006. Article 8 and the enforcement of property rights. Discussion of Qazi and Connors
Pye v UK, August 2007, decsion of the Grand Chamber, European Court of Human Rights. No violation, 10-7 majoirty, reversing Court of First instance
Ofulue v Bossert, Court of Appeal, 2008, affirming Pye v UK in English law.
March 2005, Chancery Division, property law and human rights and adverse possession
Court of Appeal, Human Rights; Article 8. Compatibility with Qazi and Connors.
TOLATA, sale and human rights
High Court, September 2004
House of Lords, 2003. The argument over the interaction of human
rights
and proprietary rights.
Co-ownership and trusts of land
Hapeshi v Allnatt - Ch D (Judge Hodge QC) 21/1/2010. Using Stack in an aquisition context
Jones
v Kernott Court of Appeal May 2010. Considering Stack.
Appeal heard by Supreme Court, judgment awaited.
Fowler v Barron, Court of Appeal, 2008, applying Stack
Laskar v Laskar, Court of Appeal, 2008, resulting trusts surviving Stack
Stack v Dowden, House of Lords, 2007. Constructive and resulting trusts. A wide discretion
Abbott v Abbott, Priviy Council, 2007, applying Stack, also with Baroness Hale.
HSBC v Dyche High Court, 2009. Sale by two trustees of land. Failure to overreach because of fraud.
Blackford v Tate, (2008). Sale under s.14 TOLATA; Trusts of Land
Oates v Stimson Court of Appeal, May 2006. Two friends. Both legal owners. Successful claim to whole ownership.
Abbey National v Stringer April 2006. Court of Appeal. Mother and son and third party. Value of interest, two legal owners. Generous application of Rosset principles.
Crossley v Crossley December 2005, Court of Appeal. Quantifying shares and distinguishing Oxley.
Curley v Parkes Court of Appeal, resulting and constructive trusts, October 2004
TOLATA, sale and human rights
High Court, September 2004
Court of Appeal, May 2004. Acquiring and quantifying the beneficial interest. Comments on Rosset and Cooke.
Carlton
v Goodman
April 2002, Court of Appeal. Co-ownership and resulting trusts. Value
of mortgage liability and mortgage payments.
National Westminster Bank v Malhan
Chancery Division, April 2004, overreaching, human rights
Pritchard Englelfield v Steinberg
Sale ordered under TOLATA despite existence of overriding interest
Horsham Properties v Beech; Horsham Properties v Clarke Chancery Division October 2008, selling without possession
April 2006. Chancery Division. Duties of a selling mortgagee. In this case, duties not observed.
HL, June 2005. Limitation period for claiming shortfall
Corbett v Halifax (Deakin v Corbett)
Sale by mortgagee innocently to employ of mortgagee. Damages for sale at an undervalue.
National
Westminster Bank v Amin
Undue influence after Etridge. Bank still tainted. House of Lords
February
2002
Royal
Bank of Scotland v Etridge
Undue influence, House of Lords, October 2001
Jones
v Morgan
28 June 2001, Court of Appeal
Mortgages: Clogging the equity of redemption
Ropaigealach
v. Barclays Bank plc
Jurisdiction to suspend mortgagee's right to possession under s. 36
AJA 1970, Court of Appeal, 18 December 1988
First National Bank v Achampong
TOLATA and sale under section 14.
Davis v Bramwell, Court of Appeal, 2007. Easement implied by common intention
Moncrieff v Jamieson, House of Lords, 2007 easement of parking, extent of burden on servient land
Oxfordshire County Council v Oxford City Council - The Trap Grounds Case
May 2006, House of Lords. Definition and registration of town and village greeens (see also HL in R v City of Sunderland (ex p Beresford) )
Court of Appeal. March 2005. Creation of easements; equitable easements, overrding interrests.
Bakewell
Management Ltd v Brandwood
House of Lords, April 2004
Easements, prescription, unlawful use. Overruling Hanning v Top Deck Travel Group Limited
Court of Appeal, July 2003. Easements, creation. Section 62 LPA 1925 and the need for "prior diversity".
Mulvaney
v Jackson
July 2002. Creation of easements; section 62 LPA, easement to use a
shared garden
Saeed
v Plustrade
Court of Appeal, December 2001
Easement or licence of parking; effect on third parties as an
overriding
interest
Bank of Scotland v Hussain (Qutb) High Court, November 2010 Overrding intrests under s. 70(1)(g) LRA 1925, meaning of actual occupation (events took place before LRA 2002 in force).
Thomas v Clydesdale Bank High Court November 2010, overriding interests within Schedule 3, and meaning of actual occupation
Link Lending v Bustard April 2010 Court of Appeal overriding interests within Schedule 3, and meaning of actual occupation
Baxter v Mannion [2010] EWHC 573 Adverse possession under LRA 2010 and rectification of the register
Thompson v Foy October 2008. Priorities under LRA 2002 AND overriding interests within Schedule 3, and meaning of actual occupation
Halifax v Popeck, Ch D. (2008) Priorities under the LRA 2002
Fitzkriston v Panayi. 2008 Court of Appeal. Priorty Rule under LRA 2002
Barclays Bank v Guy -, Court of Appeal, April 2008 conclusivenss of register under s.58 LRA 2002
Derbyshire CC v Fallon, rectification and indemnity under the LRA 2002. Ch D 2007.
Sainsbury Supermarkets v Olympia
Chancery Division, 2005. Multiple registration failures and their
effect.
See also [2005] Conv. 447
UCB
v Hedworth
Meaning of "rents and profits" under s.70(1)(g) LRA 1925 and hence
existence of overriding interest
Court of Appeal, 24 May 2002 [2002] EWCA Civ 708
Mallory
v Cheshire Homes & Chief Land Registrar
Court of Appeal, 22 February 2002
Security of registered title; overriding interests & actual
occupation
and rectification
On appeal to the House of Lords
PCC
of Aston Cantlow v Wallbank
House of Lords, June 2003. Chancel repair liability
Church as a public authority
Human Rights and property law
Overriding interests
Baxter v Mannion [2010] EWHC 573 Adverse possession under LRA 2010 and rectification of the register
Ofulue v Bossert, Court of Appeal, 2008, affirming Pye v UK in English law.
Pye v UK, August 2007, decsion of the Grand Chamber. No violation, 10-7 majoirty, reversing Court of First instance
Court of Appeal, April 2005. No adverse possession because reasonable presumption that licence had been given. Licence inferred from circumstances.
Chancery Division, April 2005. No adverse possession due to erroneous belief that possession was with permission
March 2005, Chancery Division, property law and human rights and
adverse
possession
Pye
v Graham
House of Lords, 4th July 2002, Appeal allowed. Adverse possession
claimed
allowed.
Henry v Henry Priviy Council, 2010. Estoppel and its effect on 3rd parties
**Thorner v Majors House of Lords 2009. The critical decision.
McGuane v Welch, July 2008, Court of Appeal, estoppel and formalities
SMQ v RFQ Family Division 2008. The nature of the estoppel remedy and relationship to constructive trust
Herbert v Doyle 2008, estoppel and section 2 LPA 1989, enforcing agreements
Yeoman's
Row Management v Cobbe, July 2008, House of Lords.
Kinane v Alimamy Mackie-Conteh Estoppel and constructive trusts - Court of Appeal, January 2005
Uglow v Uglow When is it unconscionable to withdraw a promise
Gillett v Holt Court of Appeal, March 2000. A modern analysis of proprietary estoppel
Lloyd
v Dugdale
Court of Appeal, November 2001
Proprietary estoppel as a proprietary right; actual occupation by a
person other than the claimant; contractual licences and constructive
trusts:
for comment see 2002 [Conv.] 584 for critical comment
Jennings
v Rice
Court of Appeal, February 2002
Proprietary estoppel; how to choose a remedy.
Court of Appeal, June 2003. Estoppel. "Subject to contract" claim. Application of Gillett v Holt and doubts.
High Court, July 2003. Estoppel. Distinction between estoppel and a licence
Court of Appeal, 2003. Estoppel. Issues of detriment. Similar to Gillet v Holt.
Court of Appeal, February 2004. Estoppel and section 2 LPA 1989
Covenants concerning freehold land
Crest
Nicholson v McAllister
Court of Appeal, April 2004,
On the meaning of Federated Homes v Mill Lodge and statutory
annexation. Limiting Federated Homes.
Whitgift
Homes v Stocks
November 2001, Court of Appeal
Restrictive covenants, building schemes, Federated Homes
Leases, including lease and licences
Patel
v K & J Restaurants Court of Appeal, October 2010, relief from
forfeiture
Berrisford
v Mexfield Court of Appeal, July 2010. Application of the need for
a term certain. Permission to appeal to the Supreme Court has been
granted.
Good
Harvest v Centaur [2010] EWHC 330 (Ch) Authorised
Guarantee
Agreements under the Landlord & Tenant Covenants Act 1995.
Mansfield v Langridge, 2008 Court of Appeal. Lease granted as objective facts take priorty over intentions
Kay and others and another (FC) (Appellants) v. London Borough of Lambeth
Nature of "Bruton tenancies" and third parties. See the judgment of Lord Scott.
December 2005, House of Lords.
Leasehold covenants; LTCA 1995. Whether the landlord can avoid
liability
by limiting a covenant to the period of his possession.
First
Penthouse v Channel Hotels
Interpretation of Landlord and Tenant (Covenants) Act 1995 - meaning
of "expressed to be personal"
Kay
v Lambeth; Kay v London & Quadrant
Court of Appeal, 2004, the follow up to Lambeth
Bruton
v London & Quadrant Housing Trust
Lease or licence, House of Lords, June 1999
Sandhu v
Farooqui
Licence or adverse possession. Termination of licence? Court of
Appeal, March 2003
Court of Appeal, February 2004. Estoppel and section 2 LPA 1989
See also Yeoman's
Row Management v Cobbe, July 2008, House of Lords
