Real property and conveyancing
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Cohen v Nessdale Ltd
‘Subject to contract’ condition — Case illustrating the effectiveness of this condition or qualification even where it leads to an unmeritorious result which has to be accepted with regret –…
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New Windsor Corporation v Mellor
Bachelors’ Acre, New Windsor, held correctly registered as a ‘town green’ under the Commons Registration Act 1965–Semble, any inhabitant may now sue to prevent the corporation from continuing use of…
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Sampson and another v Caldow and another
Right of pre-emption in conveyance–Right normally assignable–Clause expressed to benefit ‘the purchaser or his personal representatives’ but no reference to successors in title–Whether successors excluded on the ground ‘expressio unius…
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Charlton v Lester
Protected tenant buys freehold with help of her daughter and son-in-law, property conveyed into all three names–Daughter and son-in-law buy their own new home and seek order for sale of…
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Bernstein v Skyviews & General Ltd
Landowner’s claim against aerial photographers for trespass and invasion of privacy — Extent of owner’s rights to airspace above his property — Maxim ‘Cujus est solum ejus est usque ad…
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Nahhas v Pier House (Cheyne Walk) Management Ltd
Claim against flats management company and against firm of surveyors acting as managing agents for negligence resulting in the theft of jewellery, worth £23,250, from plaintiff’s leasehold flat — Theft…
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Liddell v Hopkinson
Former matrimonial home occupied by divorced wife as part of maintenance arrangement–Mortgage instalments kept up by former husband–Oral contract held to have been made by which if wife left house…
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Bassetlaw District Council v F B Dyson (Hayton) Ltd
Public Health Act 1961–Alleged breaches of building regulations–Informations laid more than six months after alleged offences were committed–Informations out of time–Council’s appeal dismissed
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Jobson v Record and another
Easement — Right of way — Grant for agricultural use — Whether removing timber stored on dominant tenement excessive user
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Gilson v Kerrier Rural District Council
Watercourse over farmland held to be vested in council for a freehold estate–Action by landlord for declaration establishing council’s duty to maintain and repair watercourse nevertheless fails–Predecessor consented to construction…
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Central Commercial Properties v Rose
New Malden House developers sue engineer for delivery-up of designs etc–Engineer’s fear of being ‘pilloried’ as responsible for unsafe building without a judicial finding against him–Undertaking given by developers in…
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Morganite Special Carbons Ltd and another v Secretary of State for the Environment and another
Noise abatement order under Control of Pollution Act 1974–First case before the courts concerning such an order–Application to quash decision of Secretary of State who, contrary to recommendation of inspector,…