Outer House case concerning the creation of a servitude right of access by prescriptive possession. Mr and Mrs Gray owned 40 Montgomerie Drive, Fairlie and a lane running to it from Montgomerie Drive. Mr and Mrs Jones owned 38 Montgomerie Drive and sought declarator that a servitude right of pedestrian and vehicular access had been created in favour of no 38 over part of the lane leading to the rear of their property and garage. The Joneses also said that the Grays had erected a locka ...
|
Sheriff court case concerning servitude rights over an access road near Dounby on Orkney. Orkney Housing Association owned former garage premises on the B9057. Mr and Mrs Atkinson owned a property known as Esgar and also an access road leading to it known as Esgar Road. The title to the former garage was registered in the Land Register for Scotland and included a right of access over Esgar Road. The housing association built four houses on the property and created a parki ...
|
The Appellant was successful in appealing against the decision that he had no interest in a Polish property and that an English property should be sold and proceeds paid to both parties in equal shares. The Judge had failed to make adequate findings about payments made in relation to the Polish property and the matter was remitted for rehearing as to the impact of payments made in relation to the claim as to beneficial interest in the Polish property.
|
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.
|
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.
|
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.
|
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.
|
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 ...
|
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.
|
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.
|
| 1 2 3 4 5 6 7 8 |