Joint ownership of property by unmarried couple – Nature of ownership – Onus of proof of inequality – Factors to be considered – Resulting and constructive trusts
Stack v Dowden
Riverside Housing Association Ltd v White and anor
Assured tenancy – Charitable housing association and registered social landlord – Rent review – Validity of review notices – Whether time of the essence
R (Godmanchester Town Council & Drain) v Secretary of State for Environment Food and Rural Affairs
Right of way – S.31 Highways Act 1980 – Whether lack of intention to dedicate had to be expressed to users – Whether it must exist for entire 20 years or only part
On appeal from CA [2005] EWCA Civ 1597
J A Pye (Oxford) Ltd v United Kingdom
Adverse possession – Limitation Act 1980, s.15 – Land Registration Act 1925, s.75 – European Convention on Human Rights, First Protocol, art.1 – Peaceful enjoyment of property – Public interest – Proportionality
On appeal from ECHR 44302/02
Thomson v Church Commissioners & Agricultural Land Tribunal Northern Area
Succession tenancy – Agricultural Holdings Act 1986, Ss.36(3)(a) & 41(1)(b) – Meaning of “to a material extent”
Sugarman v Porter and others
Restrictive covenant – Passing of benefit – Express words of annexation – Law of Property Act 1925, Ss.62 & 63 – Demonstration of contrary intention
Scottish & Newcastle PLC v Raguz
Landlord and Tenant (Covenants) Act 1995, S.17 – Requirement for notice where extent of liability uncertain – Land Registration Act 1925, S.24 – Extent of statutory indemnity – Effect of conduct of indemnified on ability to recover
See also CA [2007] EWCA Civ 150
Poll v Asquith
Negligence – Injury caused by fallen tree – Extent of duty of care to inspect and maintain
Norman & Bird v Secretary of State for the Environment, Food and Rural Affairs
Highways Act 1980, S31 – Deemed dedication – Evidence of lack of intention to dedicate
See also CA [2007] EWCA Civ 334
R (Macintosh and others) v Secretary of State for Environment, Food and Rural Affairs
Wildlife and Countryside Act 1981, S.53 – Modification Order from bridleway to footpath – Failure of inspector to confirm Order – Whether correct test applied – Whether proper consideration given to evidence – Whether decision Wednesbury unreasonable