Practice point
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Land registration: extrinsic evidence can aid construction
Where there are clear words and a clear plan, a court can rely on extrinsic evidence or prefer the…
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Environment Agency not liable for repairs to riverbed and banks
Where works carried out by the Environment Agency under the Water Resources Act 1991 cause injury…
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Management company prevents development by restraining use of roads and services
The court decided that excessive use of an easement constitutes a trespass
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Final injunction to restrain breach of planning control refused
An application for a final injunction under section 187B of the 1990 Act has been refused in Waverley Borough Council v Gray and others
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Sale contract not validly exchanged and purchaser liable for fraudulent misrepresentation
The court refused a claim for specific performance of a contract in Shill Properties Ltd v Bunch
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Leaseholder entitled to exercise easement to access and repair pipeline
To be an effective easement, ancillary rights must be exercisable over different land…
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Division of partnership assets: no condition precedent to the obligation to share profit
The court has determined a dispute between the partners in a property development partnership
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Restrictive covenants: restriction not intended to secure structural protection
The UT’s decision in Doherty and another v Paskhin
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Farming dispute continues despite settlement agreement
The court was prepared to order the carrying into effect of the settlement agreement
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Farming proprietary estoppel claim succeeds despite change of will
If an assurance is reasonably relied upon by a promisee to its detriment, then it is too late for…
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Local authority used its position as landowner to thwart the planning process
A local authority must separate its functions as planning authority and landowner. Failure to do so…
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Civil penalty notice: a decision on when time begins to run is not discretionary
The FTT’s approach to an appeal against a civil penalty lodged out of time