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Cases Real Estate

Metropolitan Housing Trust Ltd V RMC FH Co Ltd (2017)

Judgment Date: 24 Oct 2017

The release by the headlessee of a property to the developers of an adjoining site of the right of light appurtenant to the headlease would amount to an encroachment on or against the demised premises in breach of the terms of the headlease.

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Members
John McGhee QC

Practice areas
Real Estate

Burrows Investments Ltd v Ward Homes Ltd (2017)

Judgment Date: 20 Oct 2017

Where a sale agreement governing the sale of land for residential development restricted the manner in which the developer could dispose of the completed residential units with a view to protecting the seller's right to overage, the subsequent sale of five properties to a registered social housing provider as affordable housing was not within the definition of "the transfer ... of land ... for ... other social/community purposes". Properly construed, in its context and in accordance with the ejusdem generis rule, a "transfer of land" could not include the transfer of a completed dwelling.

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Members
John McGhee QC

Practice areas
Real Estate

Smith (Personal Representative of Hugh Smith (Deceased) & Ors v Molyneaux (2016)

Judgment Date: 21 Nov 2016

In a possession claim relating to a shack in which adverse possession was raised as a defence, the first-instance judge had been entitled to find that the defendant had occupied the shack with the claimant owners' permission, so that adverse possession did not apply.

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Millgate Developments Ltd v Smith (2016)

Judgment Date: 18 Nov 2016

The tribunal ordered the modification of a covenant not to build on a plot of land on which a developer, in knowing breach of the covenant, had built an affordable housing development. Notwithstanding that the adjoining land benefiting from the covenant was intended for use as a children's hospice with private and secluded outdoor amenities, the public interest in the provision of affordable accommodation was sufficient to override the private rights of the objectors.

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Practice areas
Real Estate

Bryant v Stein (2016)

Judgment Date: 07 Oct 2016

A covenant contained in a conveyance which was registered at the Land Registry was enforceable against the vendor's successors in title where it touched and concerned the land, notwithstanding that, by a separate unregistered agreement, the vendor had entered into a personal obligation to release the covenant in certain circumstances.

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Practice areas
Real Estate

CitizenM v Chil (2016)

Judgment Date: 21 Jul 2016

In relation to a joint venture concerning a hotel development, the court ruled on the validity of a notice purporting to waive certain conditions relating to the funding of the development and the obtaining of consents and approvals.

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Members
John McGhee QC

Practice areas
Real Estate

Tuscola Ltd v Y2K Co Ltd (2016)

Judgment Date: 17 May 2016

Borrowers who had not repaid a loan on time and had not properly complied with the terms of an offer of settlement made by the lender were not entitled to possession of two Land Registry "Form DS1s" which would cancel entries on the Land Register relating to charges in favour of the lender. The forms were held by the borrowers' former solicitor to the order of the lender and nothing in the correspondence between the parties released the solicitors from their obligation to hold them.

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Members
Adam Smith

Practice areas
Real Estate

Generator Developments LLP v Lidl UK GmbH (2016)

Judgment Date: 13 Apr 2016

It was not fatal to a claim to an equity under the principle in Pallant v Morgan [1953] Ch. 43 that negotiations between the parties were expressly subject to contract. However, the court determined that two companies which had entered into negotiations with a view to acquiring a property as joint venture partners had not entered into an arrangement or understanding sufficient to give rise to a Pallant vMorgan equity.

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Dooba Developments Limited v McLagan Investments Ltd (2016)

Judgment Date: 29 Jan 2016

The correct interpretation of a clause in a conditional sale agreement which entitled either party to rescind "if all of the Conditions [had] not been discharged" by the long-stop date was that either party was entitled to rescind after that date, unless all of the conditions had been discharged by then. Although it might appear at first sight to be surprising to use "all" as if it meant "any", it was linguistically feasible to do so. "All" could mean less than the totality in an appropriate context.

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Members
Timothy Dutton QC

Practice areas
Real Estate

(1) Skelwith (Leisure) Ltd (2) Paul Ellis (3) Darren Broadbent v Alan Armstrong & 6 Ors (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 and s.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Skelwith Leisure Ltd v Armstrong (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 ands.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Members
John McGhee QC

Practice areas
Real Estate

Swiss Cottage (40) Properties Ltd v Primeestate Investments Ltd (2015)

Judgment Date: 05 Mar 2015

A unilateral notice which had been registered against the title to a property could remain on the register if the party who had registered it provided a fortified cross-undertaking in damages in the sum of £5 million.

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Members
James Aldridge QC

Practice areas
Real Estate

UK Leasing Brighton Ltd & Ors v Topland Neptune Ltd & Ors (2015)

Judgment Date: 16 Jan 2015

Where a lease had been assigned by a tenant in breach of covenant, a re-assignment of the lease back to the original tenant, together with the guarantor of the original tenant's obligations giving a fresh guarantee, would not be invalidated by the Landlord and Tenant (Covenants) Act 1995 s.25 as having the effect of frustrating the operation of the Act.

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Members
John McGhee QC

Practice areas
Real Estate

Jacki Mitchell v John Watkinson & Andrew Williams (2014)

Judgment Date: 19 Nov 2014

A judge had been entitled to hold that the trustees of a cricket club had had a tenancy without a lease in writing, where a written agreement they had made had not validly created a tenancy but rent had been paid and accepted. He had also been entitled to hold that the club had adverse possession, having been in possession for the requisite period after the last payment of rent.

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Practice areas
Real Estate

In the Matter of Johnson (2014)

Judgment Date: 31 Oct 2014

The discretion to vary or revoke an order under r.3.1(7) was broad, but considerations of finality required a principled exercise of discretion. It did not provide for a judge of co-ordinate jurisdiction to vary or revoke on the basis that he would have made a different order.

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Members
Rosanna Foskett

Practice areas
Real Estate

82 Portland Place (Freehold) Ltd v Howard De Walden Estates Ltd (2014)

Judgment Date: 08 Sep 2014

In a collective enfranchisement, no rule of law prohibited a valuation approach incorporating a "purchaser's margin", namely the difference between the amount a purchaser would pay for the freehold of the building with vacant possession of the short leasehold flats and the aggregate value of those flats if sold individually. The factors accounting for such a margin were already accounted for in the deferment rate required for central London valuations in Earl Cadogan v Sportelli [2007] 1 E.G.L.R. 153, although in exceptional cases the application of Sportelli could be loosened and a purchaser's margin applied.

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Members
Michael Pryor

Practice areas
Real Estate

Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014) (CoA)

Judgment Date: 05 Sep 2014

A judge's construction of a clause in a lease agreement which would have required an assigning tenant not merely to procure a new guarantee but also a new guarantor was incorrect. The judge was correct to regard the whole of the proviso in the clause as being avoided by the Landlord and Tenant (Covenants) Act 1995 s.25(1).

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Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014)

Judgment Date: 29 Jul 2014

The claimant freeholders were granted summary judgment on their claim that the defendant lessees had breached lease agreements by assigning the leases to subsidiary companies without the freeholder's consent.

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