Articles tagged as Land Law
Latest Law Papers tagged as Land Law
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
Leigh v Taylor [1902] UKHL 1
Case Summaries
Leigh v Taylor [1902] UKHL 1: why valuable tapestries attached to a life tenant’s walls remained chattels, with the purpose and degree of attachment considered together. ...
Last modified: 4th Nov 2026
Mills v Silver [1990] EWCA Civ 12
Case Summaries
Long use established a vehicle right of way despite the neighbouring owner’s tolerance, but turning the track into an all-weather stone road remained a trespass. ...
Last modified: 4th Nov 2026
Borman v Griffith [1930] 1 Ch 493
Case Summaries
A tenant under an agreement for a lease obtained an implied right to use an existing drive, although section 62 did not apply to the agreement. ...
Last modified: 4th Nov 2026
Clos Farming Estates Pty Ltd v Easton [2001] NSWSC 525
Case Summaries
The New South Wales Supreme Court held a vineyard easement invalid: it did not accommodate the dominant land and deprived the burdened owners of meaningful control. ...
Last modified: 4th Nov 2026
Union Lighterage Co v London Graving Dock Co [1902] 2 Ch 557
Case Summaries
The dock owners had no implied or prescriptive right to keep hidden support rods beneath the neighbouring wharf. The Court of Appeal’s majority held that the wharf owner was entitled to remove them. ...
Last modified: 4th Nov 2026
P & A Swift Investments v Combined English Stores Group plc [1988] UKHL 3
Case Summaries
The benefit of a tenant’s guarantee ran with the landlord’s reversion because the covenant touched and concerned the land. The successor landlord recovered the rent arrears without an express assignment of the guarantee. ...
Last modified: 4th Nov 2026
Bakewell Management Ltd v Brandwood [2004] UKHL 14
Case Summaries
The House of Lords held that unlawful driving across common land did not itself prevent a prescriptive right where the owner could lawfully grant permission. Hanning was overruled and the householders’ appeal allowed. ...
Last modified: 4th Nov 2026
Alfred F Beckett Ltd v Lyons [1967] Ch 449
Case Summaries
Beckett v Lyons concerned local inhabitants’ claim to collect sea-coal, the need for dominant land for an easement, and the distinction between tolerated use and a legal right. ...
Last modified: 4th Nov 2026
Parker-Tweedale v Dunbar Bank plc (No 2) [1991] Ch 26
Case Summaries
Parker-Tweedale (No 2): why the bank could not add the costs of defending a beneficiary’s challenge to its mortgage security under the general-law rule. ...
Last modified: 4th Nov 2026
J Sainsbury plc v Enfield LBC [1989] 1 WLR 590
Case Summaries
J Sainsbury v Enfield: when restrictive covenants benefit retained land, how annexation is established, and why section 58 of the 1881 Act was insufficient. ...
Last modified: 4th Nov 2026
Hulme v Brigham [1943] KB 152
Case Summaries
Hired printing machines remained chattels despite their connection to fixed driving apparatus. The receivers could not retain them as mortgage security. ...
Last modified: 4th Nov 2026
Pugh v Savage [1970] EWCA Civ 9
Case Summaries
Pugh v Savage explains why a later tenancy did not defeat a prescriptive right of way, and why intervening land did not prevent the easement. ...
Last modified: 4th Nov 2026
Barclays Bank plc v Alcorn [2002] EWHC 492 (Ch)
Case Summaries
Hart J refused to postpone mortgage possession because the proposed sale of part of the property was not shown likely to repay the secured debt within a reasonable time. Accruing interest and practical sale difficulties defeated the application. ...
Last modified: 4th Nov 2026
Southwark London Borough Council v Williams [1971] Ch 734
Case Summaries
Homeless occupiers could not resist the council’s possession claims by relying on necessity or its statutory housing responsibilities. The Court of Appeal upheld the possession orders. ...
Last modified: 4th Nov 2026
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8
Case Summaries
Unauthorised alterations to a leased foyer led to A$1.38 million in damages for restoration and lost rent, rather than compensation limited to reduced property value. ...
Last modified: 4th Nov 2026
Silven Properties Ltd v Royal Bank of Scotland plc [2003] EWCA Civ 1409
Case Summaries
Receivers could sell mortgaged properties without first obtaining planning permission or completing lettings, but still had to take care to obtain the best price reasonably available. ...
Last modified: 4th Nov 2026
CIBC Mortgages plc v Pitt [1993] UKHL 7
Case Summaries
Actual undue influence did not require proof of manifest disadvantage. Mrs Pitt nevertheless failed to defeat CIBC’s mortgage because the lender had no notice of her husband’s wrongdoing and the advance appeared to benefit both spouses. ...
Last modified: 4th Nov 2026
Wilson v Wilson [1969] 1 WLR 1470
Case Summaries
The transfer declared two brothers to be joint tenants in equity, although both intended one brother to be the sole beneficial owner. Buckley J gave effect to their proven arrangement despite the mistaken declaration. ...
Last modified: 4th Nov 2026
Melluish v BMI (No 3) Ltd [1996] AC 454
Case Summaries
The House of Lords distinguished ownership of fixtures from contractual removal rights and the separate statutory route to capital allowances. It remitted the timing of expenditure for findings on individual transactions. ...
Last modified: 4th Nov 2026
Re Ecclesiastical Commissioners for England’s Conveyance [1936] Ch 430
Case Summaries
The covenant’s wording allowed identifiable neighbouring owners to enforce it although they were not parties to the conveyance. Adjoining and adjacent land were distinguished. ...
Last modified: 4th Nov 2026
State Bank of India v Sood [1997] Ch 276
Case Summaries
The Court of Appeal held that a mortgage could overreach beneficial interests without a contemporaneous advance, leaving the interests attached to the equity of redemption. ...
Last modified: 4th Nov 2026
Bank of Ireland Home Mortgages Ltd v Bell [2001] 2 All ER (Comm) 920
Case Summaries
The Court of Appeal ordered sale of a former matrimonial home after weighing the family’s position against the bank’s increasing, unpaid secured debt. ...
Last modified: 4th Nov 2026
Oh Hiam and Others v Tham Kong [1980] UKPC 18
Case Summaries
The Privy Council ordered retransfer of a Malaysian plot mistakenly included in a land sale, holding that registered title did not exclude personal equitable relief. ...
Last modified: 4th Nov 2026
Knightsbridge Estates Trust Ltd v Byrne [1939] Ch 441
Case Summaries
Knightsbridge Estates Trust v Byrne [1939] Ch 441: a forty-year repayment period and the equity of redemption in a commercial mortgage. ...
Last modified: 4th Nov 2026
Job v Potton (1875) LR 20 Eq 84
Case Summaries
Liability for shares of profits of tenants in common under the Statute of Anne. ...
Last modified: 4th Nov 2026
