Conveyancing
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Wilkins and another v Lewis
Right of way — Extent — Whether permitting use for purposes of land other than estate forming dominant tenement — Whether right of way for dwellings restricted to those occupied…
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City of London and another v Intercede 1765 Ltd and another
Construction of deed — Height restriction — Deed referring to diagram — Whether horizontal restriction imposed — Whether restriction permitting higher building at angle back from façade — Whether defendants’…
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Mahon and another v Sims and another
Transfer of land Covenant restricting building without consent Benefit of covenant Whether term limiting consent to original transferor Whether implied term requiring consent not to be unreasonably withheld Appeal allowed…
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Sainsbury’s Supermarkets Ltd v Olympia Homes Ltd and others
Option agreement — Order for sale of land by mortgagee — Whether claimant’s option constituting equitable interest binding on purchaser — Effect of failure to register title by grantor of…
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PP 2005/25
Sommer v Sweet [2005] EWCA Civ 227. This case serves as a reminder that the noting of a matter on a title does not guarantee that the underlying interest is…
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Pinto v Lim and another
Property in joint names — Forgery of signature by co-owner on transfer to sole name — Sale at full value to purchaser without notice of forgery — Rectification sought –…
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Savva v Jaikaran and another
Contract for sale of property — Assignment of purchaser’s rights — Assignee failing to complete — Purchaser paying purchase price — Whether repudiation of assignment — Whether purchaser entitled to…
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Sweet and another v Sommer and another
Right of way — Proprietary estoppel — Whether equity arising from proprietary estoppel binding on successors in title as overriding interest — Whether equitable right wrongly noted on Land Register…
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Turkey v Awadh
Undue influence — Contract for transfer of property from daughter to father — Appellant arguing that presumption of undue influence arising — Whether transaction explicable by ordinary motives — Appeal…
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Englewood Properties Ltd v Patel and another
Property — Freehold and leasehold premises — Sale by auction — Property sold subject to lessor’s covenant — Title defect — Whether vendor imposing covenants on purchasers of adjoining properties…
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Harris v Williams-Wynne
Breach of covenant — Compensation — Damages — Agreement for sale of land to claimant — Covenant against building — No formal transfer of land — Claimant building on land…
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Humphreys v Humphreys
Undue influence — Presumption — Claimant purchasing under right-to-buy legislation and obtaining discount — Defendant responsible for payments under mortgage — Trust deed giving defendant 100% beneficial interest in house…