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Sahota v Prior & Anor (2019) EWHC 1418 (Ch) Just a short note, but worth it, because every angel in heaven sings when a 'sale and rent back' set up comes to grief Briefly, Mr & Mrs Prior bought their home 35 years ago. At some point, they got into...
As we University academics are currently on strike (pension cuts - see today's report and this Guardian article), I can catch up on a little blogging as a form of "teaching out". While Bristol Combined Court was flooded, HHJ Matthews, an academic judge,...
Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed - whether beach huts were fixtures or chattels, whether a lease had been granted to the...
What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18? The standard answer is that Cobbe involved commercial parties who, well, ought to have known better...
In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees Act 1996 ("TLATA"). The case is a sad and apparently...
Chaudhary v Chaudhary (not on bailii yet but on lawtel) is something of a puzzle, which hopefully will be solved when we see the full transcript (hint, hint). It may be important, but it's a little early to say. The one thing about it that isn't a puzzle is...
Maybe I've been doing this job too long but there are some things which just seem so obvious to me. I know that the common intention constructive trust is really interesting - empirically as well as in law - but you can't just jump straight in. Pankhania v...
In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of...
Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17 [note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied. Please note that we do not write essays...
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...
Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register (unless...
One of the things I really don't like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives. What got me through land law as a...