Real property and conveyancing
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Deakins v Hookings
Right of light — Erection of building extension — Whether interference with right of light — Whether appropriate to grant mandatory injunction — Basis of damages if mandatory injunction wrongly…
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Milner v Spencer
Cottages next to farmyard sold for conversion to home–Farmer shortly afterwards begins to use yard for keeping pigs–No principle by which he may not do so, but some nuisance from…
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Ee v Kakar
Contract of sale–New light on the effect of a condition ‘subject to survey’ as contrasted with ‘subject to contract’–Decision of considerable interest to lawyers and estate agents–Purchaser of house sought…
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Walker West Developments Ltd v F J Emmett Ltd
Agreement between property developers and builders–Whether agreement constituted a partnership or was merely a building contract–Agreement provided expressly for sharing profits but not for sharing losses–Despite some contrary indications the…
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Lund and another v A J A Taylor & Co Ltd and another
Restrictive covenant–Whether enforceable on ‘building scheme’ basis–Scheme held not to have been established–Discussion of issues such as purchasers’ knowledge of plotting–Observations on supposedly more liberal approach to such questions in…
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National Schizophrenia Fellowship v Ribble Estates SA and others
Restrictive covenant — Covenant against any trade or pursuit which could be a nuisance, annoyance or danger to neighbouring property — Whether use of property for housing schizophrenics in quiescent…
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LM Tenancies 1 plc v Inland Revenue Commissioners
Stamp duty — Grant of lease for premium — Premium defined as product of stated figure and price of 13.75% Treasury Loan Stock on stated day following execution — Whether…
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Jaggard v Sawyer and another
Trespass — Whether injunction and/or damages appropriate remedy — Whether damages can be awarded for future acts of trespass — Determination of damages
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Moody v Vercan Ltd
Law of Property Act 1925, section 84 as amended — Discharge or modification of restrictive covenants — Restriction of use of land to that of a private dwelling-house only –…
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Midland Bank plc v Bardgrove Property Services Ltd and others
Natural right of support for land — Action by owners against adjoining proprietors and others claiming damages for alleged wrongful interference with the plaintiffs’ natural right of support and for…
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Woodhouse v Consolidated Property Corporation Ltd
Party wall — Whether third surveyor appointed under London Building Acts (Amendment) Act 1939 had jurisdiction to make award determining responsibility for collapse of party wall
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Marchant v Capital & Counties Property Co Ltd
No right in nature of easement to provide protection from weather — Phipps v Pears applied — Adjoining owners entitled to demolish building, subject to compliance with planning and other…