Register | Login
 
CASECHECK CASECHECK
CaseCheck(tm) Case Law & Court Cases
Below are the most recent court cases & case law added to our case law database. Please use the links on the left to access the court cases & case law by case type. The CaseChecktm case law search facility allows you to search all cases from the Supreme Court, English Courts, Scottish Courts and European courts.
Join Us on Facebook Follow us on Twitter
 
Where possible we have linked our case summaries to the corresponding judgment on the Scottish Courts Website or Bailii

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.

Real Property
Select Your Region: Scotland  England and Wales  UK  Northern Ireland  Europe  All
Selected Region: All
By Law Brief Publishing on 04/02/2010 16:28
The Claimant land owners were successful in their claim that the Defendants did not own two strips of land abutting their land. The transfers of adjacent parcels of land that abutted land that was later made into a road should be correctly interpreted as granting an immediate right over the land over which a road was proposed to be built.
By Law Brief Publishing on 04/02/2010 16:27
The Appellant was successful in appealing against the decision of a judge that his purchase of a property and lease back was at an undervalue. Whilst the price was substantially lower than the unencumbered freehold value, the Respondent failed to show section 423 of IA 1986 applied as the premium value of the tenancy made up the shortfall in purchase price.
By Law Brief Publishing on 29/12/2009 23:46
The Appellant Travellers were in part successful in their appeal to the extent that the Court did not have the power to make a possession order in respect of a separate piece of land owned by the Respondent but not occupied by the Appellant Travellers. The decision in the case of Drury v Secretary of State for the Environment, Food and Rural Affairs (2004) EWCA Civ 200 (2004) 1 WLR 1906 allowing such an order was incorrect.
By Law Brief Publishing on 29/12/2009 23:45
The Appellant landowner was successful in appealing against the decision of a judge that the landowner’s asserted right to use a servient track to access his dominant land was limited to all reasonable and usual purposes relating to the use of the land as “garden ground”. On the proper construction of the relevant conveyances the track could lawfully be used for the purposes of building houses on the dominant land and their occupation when built.
By Law Brief Publishing on 07/05/2009 23:00
The court had to determine whether the owner of a barge which had been moored to mooring rings on the tidal part of the River Thames, had acquired title by way of adverse possession to the river bed for the footprint of the barge. In this case the title had not been registered and the vessel rested on the bed at low tide. It was held that adverse possession did not require physical contact with the river bed at all times It was not required that a squatter has to build on the land and in this ca ...
By Law Brief Publishing on 26/04/2009 23:00
The trial judge had been correct to conclude that a common intention constructive trust had been created with a husband a wife owning a property in equal shares. This was notwithstanding the fact that as a result of the husband’s innocent misrepresentation the couple entered into an agreement surrendering the wife’s sole beneficial interest.
By Law Brief Publishing on 26/11/2008 00:00
The Appeal by a home seller against an order for specific performance of a contract for the sale of a property granted in favour of the respondent purchaser was dismissed. The sale had proceeded by the home seller’s agent acting under oral authority. Until the equitable title in the property was transferred to the buyer from the seller, the contract for sale was nothing more than a contract to which normal rules of agency would apply.
By Law Brief Publishing on 25/11/2008 00:00
There was no principle of law in adverse possession claims that only acts of possession by the paper owner carried out during a limited period after the claimed ouster that would or might serve to defeat the claim that there had been such an ouster. Such a proposition was contrary to principle.
By Law Brief Publishing on 11/11/2008 00:00
The Appellant company unsuccessfully appealed against a decision not to exercise the discretion under the Law of Property Act 1925 to order repayment of a deposit. The CA held that there needed to be something special or exceptional to justify overriding the ordinary contractual expectations of the parties.
By Law Brief Publishing on 28/10/2008 00:00
The redevelopment of a property constituted “rebuilding or renewal” within the meaning of a right of entry that accordingly permitted the property owner to enter the adjoining property for the purpose of carrying out the works.
1 2 3 4 5 6 7 8
Latest Jobs
Senior Tax and Trusts Solicitor, Edinburgh - Senior tax and trusts solicitor required for leading Edinburgh private practice law firm. By Michael Page International (26/08/10) ... more

Corporate Lawyer, Glasgow - Leading private practice law firm in Glasgow requires a corporate lawyer (4 years plus)for a 12 month fixed term contract. By Michael Page International (26/08/10) ... more

Employment Lawyer, Edinburgh - Leading private practice law firm requires ambitious employment lawyer to join their Edinburgh team. By Michael Page International (26/08/10) ... more

Personal Injury Paralegal, Glasgow - Excellent role with leading FS organisation in Glasgow for paralegal with personal injury experience. By Michael Page International (19/08/10) ... more

IT/IP Lawyer, Edinburgh - IT/IP lawyer to work in private practice with a commercial law firm in Edinburgh By Michael Page International (19/08/10) ... more

Senior Commercial Property Lawyer, Aberdeen - Senior Commercial Property lawyer required for leading private practice firm in Aberdeen. By Michael Page International (19/08/10) ... more

In House Property lawyer, Scotland - Excellent and rare role for In House Property lawyer with this growing renewable energy company in Scotland By Michael Page International (12/08/10) ... more

Legal Counsel, Aberdeen (AC09881) - International Oil Service company based in Aberdeen are currently seeking a Legal Counsel to join their growing business. By Thorpe Molloy (05/08/10) ... more

Corporate Finance Associate, Glasgow - Leading firm is looking for a Corporate finance associate for the Glasgow office to deal with corporate finance and capital markets work. By Michael Page International (05/08/10) ... more

Commercial Property - Senior Associate/Junior Partner, Aberdeen (AC09865) - Respected Aberdeen practice offering outstanding prospects are seeking an experienced and ambitious Commercial Property solicitor to work on a diverse range of property issues. By Thorpe Molloy (05/08/10) ... more

Show Articles Published:
Range From
Range From
 
Find solicitors with CaseCheck Solicitor
 
CaseCheck Limited can be contacted at First Floor, George House, 36 North Hanover Street, Glasgow, G1 2AD, 0845 620 5664, info@casecheck.co.uk
CaseCheck(tm) is brought to you by CaseCheck Limited, Registered in Scotland No. SC325811.We take our job seriously and for this reason we respect your privacy, your data and the use you make of our site.   This work by CaseCheck Limited is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 UK: Scotland License Creative Commons License. Please take a moment to read our legal notices: Disclaimer/Copyright Notice, Terms and Conditions, Privacy Policy.
This content is made available by CaseCheck Limited under a Creative Commons Licence