Property

Chancery Division - liabilities of receivers disposing of assets to a nominee of the mortgagee which appointed them.

Powers of charity trustee to sell designated land of the charity without replacement under section 6 of the Trusts of Land and Appointment of Trustees Act 1996; lawfulness of Charity Commission guidance on trustee’s power; scope of court’s power to review determination of Charity Commission as to propriety of trustee’s actions; entitlement of trustee to rely on Charity Commission advice under section 110 of the Charities Act 2011.

Application for modification of restrictive covenant underground (aa) of section 82 (1) Law of Property Act 1925; factors relevant to exercise of court’s discretion to exercise power; assessment of compensation upon exercise of power.

Chancery Division– urgent injunction proceedings in aid of repairs to the River Thames Flood Defence Wall on behalf of the Environment Agency, to prevent flooding and shut-down of the London Underground network.

Court of Appeal - visible and clear “no parking” signs prevent acquisition of parking easement by prescription.

Court of Appeal - pipe easement, nuisance by flooding, right to pen back water.

Court of Appeal – whether relief from forfeiture should be granted following a deliberate breach.

Chancery Division – rights of way and easements to park over private land acquired by lost modern grant and under the Prescription Act 1832.

Court of Appeal - the boundaries of a private fishery in the Wash.

Court of Appeal - validity of mortgage, effect of s 284 Insolvency Act 1986 and ss 58 & 85 Land Registration Act 2002, second defendant’s claim to an overriding interest binding on the claimant dismissed. Permission to appeal refused.

Chancery Division – redemption of mortgages; validity of the tender of sums outstanding under mortgages where tender monies to be raised by refinancing conditional upon simultaneous release of security.

Claim under the Trusts of Land and Appointment of Trustees Act 1996 relating to a promise made to cohabitee with regard to future ownership of property by company prior to incorporation of company.

Court of Appeal – seminal Court of Appeal decision on principles of contractual interpretation as they relate to registered dispositions and other documents on public registers.

Chancery Division - deemed planning permission for an agricultural building: whether “reasonably necessary for the purposes of agriculture”, notice and counter-notice procedure and timing under the GPDO Sch. 2 Part 6 para. A, injunction to pull down.

Court of Appeal - Transfer of garden land, delay in registration, new wife’s name added to vendor’s title before transfer registered, her signature later added to unregistered transfer, she claiming her signature forged, relevance of her signature if she had no title when the transfer was originally made.

Court of Appeal - easements and boundaries, whether right of way released, width and route of a right of way, whether gates an interference, excessive user, boundary positions, pipe easement, right to connect into new pipes.

Court of Appeal – extent of receiver’s duties when selling property.

Chancery Division - appeal from Adjudicator to HMLR on issues of historic title from the 1800s, adverse possession, registration and easements. [2011] EWCA Civ 500 (CA) permission to appeal refused.

Chancery Division – application by landlord to set aside guarantee-stripping Miss Sixty CVA on grounds of unfair prejudice; duties of administrators in propounding CVA

Chancery Division - claim by equipment-leasing company in respect of equipment leased to tenant and affixed to premises; whether landlord liable following forfeiture of tenancy for wrongful interference with company’s contractual rights to enter and remove equipment from premises in subsequent re-letting of premises with benefit of equipment; whether company’s rights to removal of equipment had been extinguished by oral notice given by landlord of termination of tenancy, and whether section 196 of Law of Property Act 1925 applied to notice; assessment of damages based on Wrotham Park / user principle.

Court of Appeal - resisting landlord’s claim for costs of pursuing tenant to effect dilapidation repairs (by solicitor’s correspondence and surveyor’s supervision), claimed as recoverable under s.146 costs indemnity clause in lease, despite tenant serving counter-notice preventing forfeiture.

Chancery Division - whether purchaser of leasehold estate entitled to rescind contract under Standard Conditions of Sale by reason of landlord’s failure to grant consent to assignment; time within which right of rescission must be exercised.

Court of Appeal - tenant’s pre-emption in lease, rectification of valuation machinery.

Rent review; valuation assumptions and application of presumption of reality.

Chancery Division - Equitable accounting between beneficial owners of land, first starts upon separation (when the relationship breaks down), or (obiter) breach of agreement to make payments.

Chancery Division - forged signature on a mortgage deed; whether legal or equitable mortgage; terms of order for sale.

Court of Appeal - whether sale of mortgaged property tainted by fraud and to be set aside.