Real property and conveyancing
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King and another v Taylor and others
Nuisance by encroachment of roots–‘No damage, no nuisance’ a misconception–Damages and an injunction awarded against neighbouring owner despite evidence as to clay soil and substandard construction of buildings affected
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R v Newham Justices ex parte Hunt; R v Oxted Justices ex parte Franklin
Complaints of nuisance made by individuals under the provisions of section 99, Public Health Act 1936, invoke section 94 of the Act in all its powers, just as if a…
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Gross v French and another
House bought by mother but conveyed to mother, daughter and son-in-law as beneficial tenants in common–Judge’s finding that this was done purely for convenience left undisturbed–Mother entitled to whole property…
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West Pennine Water Board v Jon Migael (North West) Ltd
Water rates payable by occupiers of shop in shopping centre though water supplied only to the centre’s communal lavatories and not directly piped into the shop–‘Growing problem’ which the legislature…
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Twentieth Century Banking Corporation Ltd. v Wilkinson and another
Mortgage of guest-house–No provision for mortgage money to become due, or power of sale to arise, should mortgagor fail to keep up interest payments–Court orders sale in foreclosure proceedings, on…
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Bacal Construction (Midlands) Ltd v Northampton Development Corporation
Building work on large site reprogrammed at request of development corporation on the basis that the contractors would be secured closure of a road crossing the area–Contractors begin work informally,…
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Burston Finance Ltd v Wilkins and Persons Unknown
Squatters–Possession ordered summarily under order 113 despite defects in owner’s affidavit–Use of the power in order 2, rule 1 to cure defects and do justice–Court should not be astute to…
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Esso Petroleum Co Ltd v Alstonbridge Properties Ltd and others
Solus agreement coupled with mortgage–Supplemental deed of release and covenant on sale of garage business–Construction of the two deeds on default by a subpurchaser
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Sewing Machine Rentals Ltd v Wilson and another; Morlen Investments Ltd v Same; Sewing Machine Rentals Ltd v Udeala
Money lent to friendly society by investment company and advanced by society on mortgages which were then promptly assigned to the investment company–Court of Appeal refuses to disturb county court…
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Nielson-Jones v Fedden and others
Memorandum signed by husband and wife empowering husband to sell jointly-owned matrimonial home held to amount neither to an assignment to him of her beneficial interest nor to a severance…
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Earnshaw and others v Hartley
Limitation — Limitation Act 1980 Schedule 1 para 9 — Intestate estate — Failure to obtain administration — Possession by one of four beneficiaries for period exceeding 12 years –…
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Ashford v Hoyle; Green v Same
Cut-rate conveyancing–Appellants acted merely as ‘transfer agents,’ sending on documents to a draftsman–Appellants accepted a fee, draftsman made no charge–Convictions on charges of preparing conveyancing instruments quashed–Appellants did not select…