Real property and conveyancing
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Ramac Construction Co Ltd v J E Lesser (Properties) Ltd
Building contract–Builders begin action for balance of contract sums shortly before issue of architect’s certificate fixing date for operation of clause providing for damages for late completion–Absence of a certificate…
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Mentel v Mentel
Matrimonial Causes Act 1973, section 24–Adjustment of property between spouses in a case in which wife had remarried and had a home elsewhere–Court decides against straight 50 per cent approach…
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Sherbrooke and another v Dipple and another (Baines, third party)
‘Subject to contract’ rule–Negotiations for sale of a piece of land ‘subject to contract’–Various questions arising in the course of negotiations which at one stage were interrupted–County court judge held…
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Hurst and another v Hampshire County Council
Trees — Tree root damage — Adopted highway — Nuisance and negligence — Whether property in trees vests in highway authority — Whether highway authority liable to adjoining landowners –…
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Mid Kent Water plc v Batchelor and others
Valuation — Transfer of land — Provision for additional consideration upon grant of planning permission — Whether value without benefit of grant of planning permission should include hope value
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Barclays Bank plc v Weeks Legg & Dean and others
Conveyancing — Solicitors — Undertaking to bank — ‘Good marketable title’ — Meaning of undertaking — Meaning of ‘good marketable title’ — Whether breach of undertaking — Whether qualified or…
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Alexander and another v Mercouris and another
Defective Premises Act 1972–Alleged breach of statutory duty under Act–Preliminary issue as to relevant date for determining whether Act applied–Act came into operation on January 1 1974–Agreement in relation to…
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Nickerson v Barraclough and others
Vice-Chancellor’s decisions on two novel points of real property law in action to establish a right of way over a private road–Whether the implication of a ‘way of necessity’ can…
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National Coal Board v Thorne
Nuisance order quashed–Interference with situation of occupier alone insufficient to constitute nuisance–Betts v Penge UDC held to have been overruled by the House of Lords in McNally’s case–Nuisance means a…
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Stroud v Weir Associates Ltd
Mobile Homes Acts — Dispute between owners of mobile home site and owner of one of the mobile homes as to pitch fee — Agreement provided that in determining amount…
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TSB Bank plc v Marshall and others
Trusts of Land and Appointment of Trustees Act 1996 — Mortgage — Charge of beneficial interest — Application for orders of possession and sale — Whether principles under section 30…
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Standard Chartered Bank Ltd v Walker and another
Summons for summary judgment under RSC, Order 14 — Claim by bank against directors of private company who had guaranteed company’s overdraft — Company’s assets sold by auction to meet…