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Articles by LawTeacher
Hodgson v Marks
Article. Published: October 12, 2018
The appellant, Hodgson, who owned the house where she lived, transferred the property to her lodger….
Rodway v Landy [2001]
Article. Published: October 12, 2018
Two doctors jointly purchased a property for the purposes of running a medical practice from it. The doctors contributed……
Bruton v London & Quadrant Housing Trust
Article. Published: October 12, 2018
The defendant was a voluntary housing trust that focussed on homelessness. The local authority had granted the trust a licence to use short-life properties as temporary accommodation for homeless people who were on the waiting list for a home, before these properties were later developed…
Chartered Trust plc v Davies
Article. Published: October 12, 2018
Whether lease could be repudiated due to nuisance from adjoining premises…
Jones v Cleanthi
Article. Published: October 12, 2018
Landlord and tenant; landlord erected wall blocking access to refuse bins; whether statutory obligation defeats easement…
Winkworth v Edward Baron Development Co Ltd
Article. Published: October 12, 2018
The defendants, Mr and Mrs Wing, were directors of a company. The company owned the couple’s matrimonial home……
Thorner v Major 2009
Article. Published: October 12, 2018
The claimant had worked on the defendant estate’s farm for over a decade without pay, believing that he would inherit the land when the defendant died. While the defendant once gave the claimant a bonus stating that it was for his ‘death duties’, he never explicitly told the claimant he would inherit…
Newton Abbot Co-op v Williamson and Treadgold
Article. Published: October 12, 2018
A vendor, who was an ironmonger, sold part of a property to a purchaser with the inclusion of a covenant which restricted……
Oxley v Hiscock
Article. Published: October 12, 2018
Ms Oxley and Mr Hiscock were in a relationship, but not married. They decided to purchase a house together……
Hunter v Canary Wharf
Article. Published: October 12, 2018
Television signal, actionable nuisance, property right requirement for claimants. A large tower was constructed in the Docklands area of East London which now goes by the name of One Canada Square…
Thorpe v Brumfitt (1873)
Article. Published: October 12, 2018
P was the owner of an inn, the yard of which was approached by a passage over the adjoining property, belonging to M….
Vitol SA v Norelf Ltd, The Santa Clare
Article. Published: October 12, 2018
The defendant buyers – Vitol (V), entered into a contract with the plaintiff sellers – Norelf……
James v Thomas
Article. Published: October 12, 2018
The defendant, Mr Thomas, owned the cottage in dispute as the sole registered proprietor of the property….
Liverpool County Council v Irwin
Article. Published: October 12, 2018
Implying a term including an obligation on the part of a council where tenancy agreement did not expressly stipulate…
Re Sharpe (A Bankrupt)
Article. Published: October 12, 2018
An aunt loaned Sharpe, her nephew, money for the purpose of buying a leasehold premises. This was a shop……
Quigley v Masterson
Article. Published: October 12, 2018
Mr Pilkington and Mrs Masterson were unmarried but had owned and co-habited a property as joint tenants for more……
Canadian Railway Co v The King
Article. Published: October 12, 2018
Circumstances where a licence will be implied and whether such a licence is revocable…
Bull v Bull
Article. Published: October 12, 2018
A mother and son jointly purchased a property, however the son contributed a greater proportion of the original……
Earl of Leicester v Wells-next-the-Sea
Article. Published: October 12, 2018
The plaintiff’s father conveyed nineteen acres of land to a local authority so they could be used as allotments….
Paradine v Jane [1647]
Article. Published: October 12, 2018
The plaintiff, Paradine, brought an action against the defendant, Jane, for the rent arrears for the lands that Paradine had leased to Jane. The defendant acknowledge that he owed the money for the rent….
D’Eyncourt v Gregory
Article. Published: October 12, 2018
A testator was a life tenant of certain estates, upon which he had erected and furnished a mansion-house and bequeathed all the tapestry……
Jones v Challenger
Article. Published: October 12, 2018
The effect of extinction of the purpose of a trust to provide a matrimonial home on a joint tenant’s right to seek an order of sale….
Bennet v Bennet
Article. Published: October 12, 2018
This case concerned a transaction between a mother and her son and the presumption of advancement in equity….
Manchester City Council v Pinnock
Article. Published: October 12, 2018
Possession proceedings against a tenant and the right to respect for a home under the European Convention of Human……
Claughton v Charalambous
Article. Published: October 12, 2018
The effect of exceptional circumstances on the rights of a beneficiary in actual occupation….
Hounslow LBC v Twickenham Garden Developments Ltd
Article. Published: October 12, 2018
EQUITY – MANDATORY INJUNCTIONS WHICH ASSIST A BREACH OF CONTRACT. A local council had contracted with the defendants for construction work on their land. …
Heslop v Burns 1974
Article. Published: October 12, 2018
Rent free occupation for over 16 years; no formal agreement as to nature of occupation…
Odey v Barber [2006]
Article. Published: October 12, 2018
The claimant – Odey, was a landowner. He sought a declaration that he had a right of way over a track which belonged…
Burns v Burns
Article. Published: October 12, 2018
The complainant, Valerie Burns, had been in a relationship and lived with the defendant, Patrick Burns, for 19 years. Despite taking his name, the couple were not married….
Sen v Headley
Article. Published: October 12, 2018
In 1986 the deceased (T) was diagnosed with terminal cancer. While in hospital the claimant (C) was told by T that his house would thereafter……
Bridle v Ruby [1989]
Article. Published: October 12, 2018
A company built houses and later sold number 12. The original transfer reserved the transferor and the successors a right of way (including with vehicles) over the driveway of the property, but this was then deleted out of the conveyance as agreed by the parties….
Sandhu v Farooqi [2003]
Article. Published: October 12, 2018
The claimant was the freeholder of a flat in which the defendant had lived for several years….
Jaggard v Sawyer [1995]
Article. Published: October 12, 2018
The defendant was subject to a restrictive covenant requiring them to leave a private road clear for use. They breached this covenant by……
Moncrieff v Jamieson
Article. Published: October 12, 2018
Easements and ancillary rights between dominant and servient tenements. The case was an appeal against an earlier case which had ruled that where one had a right of vehicular access from a public road, this also meant that they had a right to park on the servient tenement….
Sovmots Investments Ltd v SSE [1979]
Article. Published: October 12, 2018
A 150 year lease was granted to S Ltd (appellant) who built an office complex. 36 residential maisonettes……
Habermann v Koehler and another [2000]
Article. Published: October 12, 2018
The appellants had been permitted to occupy a home owner’s property, and had been given an informal option to later……
Re Webb’s Lease
Article. Published: October 12, 2018
In 1949, a landlord let to a tenant the second and first floor of certain premises. In 1949, the landlord granted……
Malayan Credit Ltd v Jack Chia-MPH Ltd
Article. Published: October 12, 2018
The determination of beneficial interests of joint tenants in common in equity….
Prudential Assurance v London Residuary Body
Article. Published: October 12, 2018
Landlord and tenant; whether land held on yearly tenancy; whether agreement terminable by successor. A strip of land adjacent to a highway was sold to the council. The council leased the land back to the seller and the agreement stated the grant was to last until the council required the land for road widening purposes….
Smith v Marrable (1843)
Article. Published: October 12, 2018
The lease of a furnished house includes an implied term that the house will be reasonably fit for habitation…
Haywood v Brunswick Permanent Benefit Building Society
Article. Published: October 12, 2018
In May 1866, C.J. granted a plot of land to E.J. to use subject to a rent of 11l. The indenture contained a covenant……
Federated Homes Ltd v Mill Lodge Properties Ltd
Article. Published: October 12, 2018
A company owned a site which included three parcels of land. They gained planning permission to build on the site…..
Wollerton and Wilson Ltd v Richard Costain Ltd
Article. Published: October 12, 2018
The availability of an injunction for trespass in the absence of damage….
American Cyanamid v Ethicon
Article. Published: October 12, 2018
Guidelines and the issues to be taken into account by the court for the grant of an interim injunction. The issue on these facts was primarily the extent of any substantive claim necessary for the grant of an interim injunction….
Ashe v National Westminster Bank plc
Article. Published: October 12, 2018
Mortgagors, who were husband and wife, owned a long leasehold interest in the house in which they lived….
Qazi v Harrow
Article. Published: October 12, 2018
Possession proceedings against a former joint tenant and the right to respect for a home under the EC……
Midland Bank Trust Co Ltd v Green (No. 1)
Article. Published: October 12, 2018
A father granted his son, Green, an option to purchase a farm. The option was not registered on the Register of Title. To avoid the option, the father sold the farm to his wife for £500. The farm was really worth £40,000. …
Stockdale v Hansard
Article. Published: October 12, 2018
Privilege of a single House of Parliament and court’s authority to review privilege…
State Bank of India v Sood
Article. Published: October 12, 2018
In this case, the first and second defendants were the legally registered proprietors of the family home, which the…
Hannaford v Selby
Article. Published: October 12, 2018
Trust – Beneficial Interest – Common Intention – Property – Repossession – Licensee – Notice – Reasonable Time. The defendants, the Selby family, were the parents of the complainant, Mrs Hannaford. The Hannaford family bought property in their own name and used the money from selling their former home…
