Land - 1997

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This page lists 136 cases, and was prepared on 26 February 2010.

Re Hunt's Application (1997) 73 P&CR 126
1997 LT Judge Bernard Marder QC	Land	Casemap 1 Cites 1 Citers
	Application was made to relax a restrictive covenant to allow a further house to be built within a garden plot. Held: The scheme had the primary intention of securing a relatively low density residential development of houses and bungalows. This was the first attempt to deviate from the scheme and it constituted an obtrusive and discordant departure by building on a plot which was too small. The Tribunal also referred to the possibilities of later further sub-division. Judge Bernard Marder QC said: "In the circumstances therefore, I have reached the conclusion that to grant this application would have the effect of opening the first breach in a carefully maintained and successful scheme of development, and would render it more difficult to resist further applications for the subdivision of plots with the consequent threat of increasing density and loss of character. Thus to grant the application would in my judgment deprive the objectors of a substantial and valued practical benefit, namely the assurance of the continued integrity of the building scheme."

Sharp -v- Thomson 1997 SC (HL) 66
1997 HL Lord Jauncey, Lord Clyde	Scotland, Land, Banking	Casemap 1 Cites 1 Citers
	A floating charge was given over the whole of a company's property which might from time to time be "comprised in our property and undertaking". The charge terms echoed the section which allows a company to create a charge "over all or any part of the property … which may from time to time be comprised in its property and undertaking." The company had sold a flat, which was part of its property, and had delivered the relevant disposition to the purchaser. Before the purchaser's agents recorded the disposition, however, the floating charge crystallised. The question was whether, at the time of crystallisation, the company's rights to the flat still formed part of "our property and undertaking" in terms of the charge and, by implication, in terms of the section. The Court of Session had held that the rights were caught by the floating charge. Held: The purchasers' appeal was allowed on the basis that the term "property" in the section was not being used in any technical sense and was not intended to include the company's bare title to the flat which the purchasers could have defeated at any moment by recording their disposition.
	Companies Act 1985 462(1)

Hypo-Mortgage Services Limited -v- Tracey Maxine Robinson Michael John Robinson [1996] EWCA Civ 899
2 Jan 1997 CA Nourse LJ	Land	Casemap 1 Cites 1 Citers
	The court refused parents leave to appeal against a mortgage possession order, rejecting their argument that children living with them had a beneficial interest in the mortgaged premises and were thus 'in actual occupation' so as to have overriding interests under section 70(1)(g) of the Land Registration Act 1925. A child cannot be in occupation of land so as to constitute an overriding interest. Lord Justice Nourse said: "I regard it as axiomatic that minor children of the legal owner are not in actual occupation within s 70(1)(g) The minor children are there because their parent is there. They have no right of occupation of their own. They are only there as shadows of their parent." and "No inquiry can be made of minor children or consent obtained from them in the manner contemplated by [s 70(1)(g)], especially when they are, as here, of tender years at the material date. If the second defendant was right, lenders would never be protected. Their security could always be frustrated by simple devices."
	Land Registration Act 1925 70(1)(g)
	Link[s] omitted

South Lanarkshire Council -v- Secretary of State for Scotland (Scotland)
9 Jan 1997 IHCS	Planning, Land
	A condition attached to a planning permission for a gate to be erected potentially to obstruct a public right of way was invalid.

Godden -v- Merthyr Tydfil Housing Association [1997] EWCA Civ 780; (1997) 74 P & CR D1
15 Jan 1997 CA	Land, Contract, Estoppel	Casemap 1 Cites 1 Citers
	The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim on the basis that there was no enforceable contract under the 1989 Act. Held: The argument propounded would vitiate the 1989 Act. An estoppel should not be allowed to prevent the defendants arguing that no contract existed. In this case it would be inappropriate to allow an amendment to the pleadings in mid-appeal.
	Law of Property (Miscellaneous Provisions) Act 1989 2
	Link[s] omitted

Derek Andrew Ward -v- T Dougall CA Civ 785
16 Jan 1997 CA	Land, Nuisance, Limitation	Casemap 1 Cites
	The plaintiff and defendant were neighbours. An aerial had, for 22 years projected 4 feet over the plaintiff's land. His claim in nuisance was struck out, and the registrar had suggested he had a claim in trespass, but that that action was time barred. The appellant brought counsel's opinion to support his request for leave to appeal, but that hardly assisted him. He might have argued that the trespass was a continuing one, but that night have left at most an action for damages, the result of which would be nominal and a disaster in costs. Leave to appeal out of time refused.
	Limitation Act 1980
	Link[s] omitted

David Mervyn Jones and Secretary of State for Environment and and Saunders [1997] EWHC Admin 25
17 Jan 1997 Admn	Land
	[ Bailii ]

Mullaney -v- Watford Borough Council -v- Hertfordshire Valuation Tribunal [1997] EWHC Admin 28
17 Jan 1997 Admn	Land, Rating
	Link[s] omitted

Yorkshire Traction Company Limited -v- Secretary of State for Transport and Another [1997] EWCA Civ 823
22 Jan 1997 CA	Land
	Link[s] omitted

Rotherham Borough Council -v- Leslie Wildblood [1997] EWCA Civ 822
22 Jan 1997 CA	Land
	Link[s] omitted

Simon Warren; Barbara Warren -v- James Wiemer and Christine Wiemer [1997] EWCA Civ 831
23 Jan 1997 CA	Land, Contract	Casemap 1 Cites
	Link[s] omitted

Emery and Emery -v- UCB Bank Plc [1997] EWCA Civ 824
23 Jan 1997 CA	Land
	Adjournment of appeal against mortgagee possession order.
	Link[s] omitted

Barclays Bank Plc -v- Khalid Mahmood Ansari and Susan Jane Ansari [1997] EWCA Civ 836
24 Jan 1997 CA	Land
	Link[s] omitted

Barclays Bank Plc -v- Mervyn Dudley Brazil and Hazel Brazil [1997] EWCA Civ 837
24 Jan 1997 CA	Land
	Application for leave to appeal against possession order in favour of bank mortgagee.
	Link[s] omitted

13-20 Embankment Gardens Ltd -v- Coote [1997] EWCA Civ 835
24 Jan 1997 CA Lord Justice Mccowan, Lord Justice Millett	Landlord and Tenant, Land
	The applicant appealed an order for the removal of a land charge. As tenant of a flat, he had fallen into dispute with the management company. Proceedings were under way for the lease to be forfeited, and in the meantime his lender obtained a possession order. He intended to claim damages for failure to repair, and he registered a land charge to protect that impending action. The landlord was now in liquidation. Held: The use of the land charge was wholly inappropriate. The landlord being in liquidation, no charging order would now be possible. He was an unsecured creditor and this claim must proceed by way of proof in the liquidation. The charging order procedure is not available to a party who has not yet established his claim. Leave to appeal was refused.
	Land Charges Act 1972
	Link[s] omitted

David Henry Bramwell Holland -v- Julia Nora Connell and James Arthur Connell [1997] EWCA Civ 840
24 Jan 1997 CA	Land
	Renewed application for leave to appeal.
	Link[s] omitted

Hopkinson; Richard Bessell Hare; Timothy Peter Wreford Hare and Birmingham Mid-Shires Building Society -v- John David Tupper [1997] EWCA Civ 882
30 Jan 1997 CA Auld LJ	Land, Limitation	Casemap 1 Cites 1 Citers
	The plaintiffs appealed an order striking out their claim for want of prosecution. The defendant's property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the defendants. The defendant had been in default since 1984. The defendants said that the claim was in personalty only being under the assignment of the debt. Held: There was a presumption that money recovered would be applied first in the repayment of interest. It was arguable that a 12 years' limitation period under the general rule in Section 8 of the 1980 Act for actions on a specialty would not apply. Auld LJ said: “it is seriously arguable that when a mortgagee has re-possessed and has sold the security and is seeking to recover the shortfall, his claim is in simple contract whatever the nature of the instrument under which the debt was initially secured”. As to the delay, the judge had considered the correct elements. The circumstances of a case, the issues and the length of delay, may entitle a court to infer that memories are likely to have become so dim as seriously to prejudice the case of a party and make continuation of the proceedings unfair. The defendant had suffered prejudice by the delay.
	Limitation Act 1980 5 8 20(1)
	Link[s] omitted

C A Omoregei -v- Secretary of State for Environment and Kingston-Upon-Hull City Council and Solomon Obiajulo Okolo and Secretary of State for Environment and Kingston-Upon-Hull City Council [1997] EWHC Admin 86
30 Jan 1997 Admn	Land, Local Government
	Acquisition of Land Act 1981 15
	Link[s] omitted

National Home Loans Corporation Plc -v- Collins [1997] EWCA Civ 903
31 Jan 1997 CA	Land
	The defendant sought leave to appeal against a mortgagee's possession order.
	Link[s] omitted

Union Eagle Limited -v- Golden Achievement Limited [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514
3 Feb 1997 PC Lord Hoffmann	Equity, Commonwealth, Land	Casemap 1 Citers
	(Hong Kong) The seller sought to rescind the contract when the buyer was 10 minutes late in tendering the completion money on the date and time fixed and of the essence under the contract. Held: Equity will not prevent the rescission of a land contract for delay in completion. If time was of the essence, strict compliance must have been what was intended.
	Link[s] omitted

Barclays Bank Plc -v- Walter John Rivett Betty Rivett [1997] EWCA Civ 974
10 Feb 1997 CA	Land, Undue Influence
	[ Bailii ]

Raymond Vernon Bryan; Ian Astley; Robert Charles Taylor -v- Frank Barton and Frank Barton Services Limited [1997] EWCA Civ 987
11 Feb 1997 CA	Land, Litigation Practice	Casemap 1 Cites
	The defendant sought leave to appeal against an order disallowing his use of a stretch of the River Wye for his boat which he wanted to use as a floating restaurant. The claimants were an angling association who claimed that his use infringed a deed granting them angling rights. The judge had found that though there was a navigation right, the use was a substantial interference with the fishery, and was not for the purpose of navigation. Judgment had eventually been obtained by default. Held: The judge may have applied the wrong test when refusing an adjournment "in considering whether there was an arguable defence before deciding whether to grant an adjournment, when the purpose of seeking the adjournment was to have time to seek and put before the court the material to suggest that there was an arguable defence. " Did the defendant have an arguable defence? The answer was yes, and the judgment was set aside.
	Link[s] omitted

Shimizu (Uk) Ltd -v- Westminster City Council [1997] 1 All ER 481; [1997] UKHL 3; [1997] 1 WLR 168
11 Feb 1997 HL Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Cooke of Thorndon, Lord Hope of Craighead	Planning, Land	Casemap 1 Cites 1 Citers
	The removal of a listed building's chimney stacks was an alteration allowing a claim for compensation. The phrases 'alteration' and 'demolition' are mutually exclusive. Although part of a building may be a listed building, a part of a listed building cannot itself be a listed building.
	Planning (Listed Buildings and Conservation Areas) Act 1990
	Link[s] omitted

Albany Home Loans Limited -v- Frank Ronald Massey; Jacqueline Joyce Massey and Frank Ronald Massey -v- Albany Life Assurance Company Limited; Metropolitan Unit Trust Managers Limited and Albany International Assurance Limited [1997] EWCA Civ 991
12 Feb 1997 CA	Housing, Land
	A mortgage possession order should not be made against one of two mortgagees only.
	Link[s] omitted

Halifax Building Society -v- Rashid and Latif; Halifax Building Society -v- Rashid [1997] EWCA Civ 996
12 Feb 1997 CA Millett LJ, Waller LJ	Land
	The defendants sought leave to appeal refusal of an order for suspension of an order for possession of their house under a mortgage loan agreement.
	Link[s] omitted

Bankers Trust Company -v- Namdar and Namdar [1997] EWCA Civ 1015
14 Feb 1997 CA Peter Gibson LJ	Land, Contract	Casemap 1 Cites 1 Citers
	Non-compliance with section 2 does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel.
	Law of Property (Miscellaneous Provisions) Act 1989 82
	Link[s] omitted

Royal Bank of Scotland Plc -v- Susan Rosemary Etridge Anthony Thomas Etridge [1997] EWCA Civ 1027
14 Feb 1997 CA	Banking, Land	Casemap 1 Cites 1 Citers
	Link[s] omitted

Douglas Edric Woolls -v- George James Powling; Elizabeth Robina Powling and Mark Stephen Dean Powling [1997] EWCA Civ 1043
19 Feb 1997 CA	Land	Casemap 1 Citers
	Link[s] omitted

Urban Manor Limited -v- Sadiq [1997] EWCA Civ 1062
20 Feb 1997 CA	Registered Land, Land	Casemap 1 Citers
	Land Registration Act 1925 110
	Link[s] omitted

Swan Hill Developments Limited David William Lloyd-Thomas Estelle Mary Lloyd-Thomas Abbcott Properties Limited -v- British Waterways Board [1997] EWCA Civ 1089
25 Feb 1997 CA	Transport, Land	Casemap 1 Cites
	The issue was whether the rights given under the section could only be exercised by owners of land on either side of the canal. Held: The Act took rights over land and was to be construed in the case of any ambiguity against its proposers. S79 was a proviso intended to protect the rights of the land owners. The requirement that the canal cut through land could not be read to require ownership of land on both sides.
	Grand Junction Canal Act 1793 79
	Link[s] omitted

Nationwide Building Society -v- S Reynolds [1997] EWCA Civ 1085
25 Feb 1997 CA	Land
	Stay of execution of warrant for possession - mortgaged land.
	Link[s] omitted

National Home Loans Corporation Plc -v- Yaxley and Yaxley [1997] EWCA Civ 1098
26 Feb 1997 CA	Land, Torts - Other
	Link[s] omitted

Boldark (Suing By the Official Solicitor) -v- East Lindsey District Council [1997] EWCA Civ 1147
4 Mar 1997 CA	Personal Injury, Land
	defective Premises Act 1972
	Link[s] omitted

Sajjad Ahmed Kurd -v- Castlemode Properties Limited [1997] EWCA Civ 1169
5 Mar 1997 CA	Land
	Application for leave to appeal out of time against possession order.
	Link[s] omitted

Paul Ives; Elizabeth Ives -v- J J Harrison (Homes) Limited and A A Mckenzie [1997] EWCA Civ 1178
6 Mar 1997 CA	Land
	Link[s] omitted

Sheagan Dermot Frawley -v- Anne Marie Brough Neill (Now Anne Marie Brough Lindley) [1997] EWCA Civ 1182
6 Mar 1997 CA Lord Justice Morritt	Land	Casemap 1 Cites 1 Citers
	Land had been bought in joint names. One party claimed to have agreed to purchase the interest of the other, but no documentation was executed. The land was sold by the mortagee, and the parties fought as to the distribution of the balance. The applicant sought an order for payment of the entire sum. The action was struck out for want of prosecution, but was restored. The defendant sought leave to appeal. Held: The case was not clearly unarguable, and the defendant had suffered no post action prejudice from the delay. Leave refused.
	Link[s] omitted

Christopher Charles Staughton Cotton; Margaret Ivy Cotton -v-; Secretary of State for Environment and Surrey County Council [1997] EWCA Civ 1201
10 Mar 1997 CA	Land
	Highways Act 1980 31(1)
	Link[s] omitted

Household Mortgage Corporation Plc -v- Pringle and Another [1997] EWCA Civ 1272
19 Mar 1997 CA	Land, Litigation Practice
	Circumstances under which an order possession would be suspended.
	Link[s] omitted

Mayor and Burgesses of London Borough of Hounslow -v- Anne Minchinton [1997] EWCA Civ 1277; (1997) 74 P&CR 221
19 Mar 1997 CA Lord Justice Butler-Sloss, Lord Justice Millett, Lord Justice Thorpe	Land, Limitation	1 Cites 1 Citers
	The defendant asserted title to a strip of land by adverse possession. The judge had held that the occupation by the claimant had been insufficient to establish possession. Held: The use of the land as a garden for compost heaps and similar was a sufficient trespass to allow an action, and was therefore sufficient to found a claim for adverse possession. Having acquired a title by adverse possession, the claimant does not lose it by going out of possession, unless the original owner retakes possession. Enclosure is strong evidence of possession.
	Link[s] omitted

Christopher Maile -v- Manchester City Council [1997] EWHC Admin 298
20 Mar 1997 Admn Laws J	Land
	Appeal against order stopping up public footpaths.
	Highways Act 1980 116
	Link[s] omitted

Stroud & Swindon Building Society -v- Stalp and Another [1997] EWCA Civ 1365
27 Mar 1997 CA	Land
	Appeal against refusal of extension of time - mortgagee's possession action.
	[ Bailii ]

Dominic O'Hagan Duffy -v- Victor Lamb (T/a Vic Lamb Developments) [1997] EWCA Civ 1373
10 Apr 1997 CA	Land	1 Cites
	The plaintiff sought damages after the interruption of the electriity supply from neighbouring land by the defendant. An easement was established, but the defendant wanted the plaintiff to make his own arrangements for connection. The judge had held that the easement included connection to the existing electricity supply. Held: The defendant had taken steps to discontinue the supply to his own land.
	Link[s] omitted

Michel and others -v- Lennard Augier and others [1997] UKPC 16
16 Apr 1997 PC Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde	Land, Commonwealth
	(Saint Lucia) The claimants sought vehicular access to their land. It was full enclosed by other land, and they sought an easement of necessity as provided by the Civil Code. The provisions came from the Napoleonic Code. The proposed route was economically preferable, but the other was the shortest, which was the factor chosen by the code. Held: The appeal was dismissed. There were no facts put forward to ground a rejection of the findings of the two courts below. Since those others over whose land the alternate roadway might go were not parties to the case, no order could be made in that respect.
	Link[s] omitted

UCB Bank Plc -v- Sharif [1997] EWCA Civ 1421
16 Apr 1997 CA	Land
	Link[s] omitted

Crown Estate Commissioners -v- A A Tierney [1997] EWCA Civ 1443
18 Apr 1997 CA	Land
	Link[s] omitted

Halifax Building Society (Formerly Leeds Permanent Building Society) -v- Emmanuel Fanimi and Rowland Eze Aka [1997] EWCA Civ 1461
21 Apr 1997 CA	Land
	Link[s] omitted

Halifax Building Society -v- John Lee Richard Khan (Otherwise Known As Daniel Ignatius James) Jonathan Holland [1997] EWCA Civ 1462
21 Apr 1997 CA	Land
	Link[s] omitted

David McAllister -v- B M Samuels Finance Group Plc; Nelsons (Solicitors); Waugh and Musgrave (Solicitors) [1997] EWCA Civ 1509
24 Apr 1997 CA	Land
	Link[s] omitted

Hunter and Others -v- Canary Wharf Ltd; Same -v- London Docklands Development Corporation [1997] UKHL 14; [1997] AC 655; [1997] Fam Law 601; [1997] 2 All ER 426; [1997] 2 FLR 342; [1997] 2 WLR 684; [1997] Env LR 488; [1997] 54 Con LR 12; [1997] 84 BLR 1; [1997] CLC 1045; (1998) 30 HLR 409
25 Apr 1997 HL Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Cooke of Thorndon, Lord Hope of Craighead	Torts - Other, Land, Damages, Nuisance	Casemap 1 Cites 1 Citers
	The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an adjoining development is not capable of being nuisance to land in law. An action in private nuisance will only lie at the suit of a person who has a right to the land affected. When assessing damages for nuisance, loss of amenity was an appropriate measure where no capital loss was established and loss of use was an additional head. Nuisance is a tort directed at protection of interests in land only. (Lord Lloyd of Berwick) "Private nuisances are of three kinds. They are (1) nuisance by encroachment on a neighbour's land; (2) nuisance by direct physical injury to a neighbour's land; and (3) nuisance by interference with a neighbour's quiet enjoyment of his land". Lord Hoffmann said: "The general principle is that at common law anyone may build whatever he likes upon his land. If the effect is to interfere with the light, air or view of his neighbour, that is his misfortune. The owner's right to build can be restrained only by covenant or the acquisition (by grant or prescription) of an easement of light or air for the benefit of windows or apertures on adjoining land . . In the absence of agreement, therefore, the English common law allows the rights of a landlord to build as he pleases to be restricted only in carefully limited cases and then only after the period of prescription has elapsed". Lord Goff said: "As a general rule, a man is entitled to build on his own land, though nowadays this right is inevitably subject to our system of planning controls. Moreover, as a general rule, a man's right to build on his land is not restricted by the fact that the presence of the building may of itself interfere with his neighbour's enjoyment of his land . . [H]is neighbour generally cannot complain of the presence of the building, though this may seriously detract from the enjoyment of his land."
	Link[s] omitted

Barclays Bank Plc -v- Andrew and Christine Ann Kirby [1997] EWCA Civ 1525
25 Apr 1997 CA	Land
	Application for leave to appeal against possession in mortgage claim.
	Link[s] omitted

Shaw and Goodger -v- Watts [1997] EWCA Civ 1563
30 Apr 1997 CA	Land, Costs	Casemap 1 Citers
	Link[s] omitted

Elitestone Ltd -v- Morris and Another [1997] UKHL 15; [1997] 2 All ER 513; [1997] 1 WLR 687
1 May 1997 HL Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde	Land, Housing	Casemap 1 Cites 1 Citers
	The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants' appeals succeeded. A built structure becomes part of the land and itself real property, according to the degree of annexation and purpose. In this case the bungalows were not demountable. Lord Clyde: "As the law has developed it has become easy to neglect the original principle from which the consequences of attachment of a chattel to realty derive. That is the principle of accession, from which the more particular example has been formulated, inaedificatum solo solo cedit. A clear distinction has to be draw between the principle of accession and the rules of removability. "
	Rent Act 1977
	Link[s] omitted

Faraday -v- Carmarthenshire County Council (Formerly Llanelli Borough Council) [1997] EWCA Civ 1585
1 May 1997 CA	Land, Damages	Casemap 1 Cites
	Link[s] omitted

Polonski -v- Lloyd'S Bank Mortgages Ltd
6 May 1997 ChD	Land
	Court may allow for pressing social need when ordering sale of property subject to negative equity against mortgagee's wishes.

Abbey National Plc -v- Leroy Brewster [1997] EWCA Civ 1622
6 May 1997 CA	Land
	Link[s] omitted

Royal Bank of Scotland -v- Appleyard [1997] EWCA Civ 1652
8 May 1997 CA	Land, Banking
	[ Bailii ]

West Bromwich Building Society -v- Winnicott [1997] EWCA Civ 1671
9 May 1997 CA	Land
	Link[s] omitted

Newcastle Upon Tyne City Council -v- Michael Martin Newberry [1997] EWCA Civ 1663
9 May 1997 CA	Land
	Link[s] omitted

Tracy Stone -v- Khalid Mahmood [1997] EWCA Civ 1749
21 May 1997 CA	Land, Trusts
	[ Bailii ]

Payne and Woodland -v- Mayor and Burgesses of London Borough of Barnet [1997] EWCA Civ 1752
22 May 1997 CA	Land, Housing	Casemap 1 Cites
	The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers.
	Housing Act 1985
	Link[s] omitted

Roshview Forwarding Limited (In Liquidation) -v- Roshview International Limited; Roshview Export Import Limited; Mark Adu-Gyamfi and Comfort Adu-Gyamfi [1997] EWCA Civ 1810
6 Jun 1997 CA	Land, Trusts
	Link[s] omitted

Carr -v- Kellett [1997] EWCA Civ 1804
6 Jun 1997 CA	Land
	Application for leave to appeal - boundary dispute.
	Link[s] omitted

Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore -v- Secretary of State for Environment and Secretary of State for Transport [1997] EWHC Admin 538
10 Jun 1997 Admn Dyson J	Planning, Land	1 Citers
	Date of acquiring proposal is date to consider planning aspects on deciding to quash certificate of appropriate development.
	Land Compensation Act 1961 22(2)
	Link[s] omitted

Midland Bank Plc -v- Clark [1997] EWCA Civ 1853
12 Jun 1997 CA	Land
	Application for leave to appeal against mortgage possession order.
	Link[s] omitted

First National Bank -v- Hardev Singh Virdi Daljit Kaur Virdi and others [1997] EWCA Civ 1848
12 Jun 1997 CA	Land
	Application for leave to appeal against possession order under mortgage.
	Link[s] omitted

L C Dudney and S R Dudney -v- A E Bushell [1997] EWCA Civ 1875
16 Jun 1997 CA	Contract, Land, Damages
	Link[s] omitted

Hurst and Another -v- Hampshire County Council [1997] EWCA Civ 1901; (1997) 96 LGR 27
19 Jun 1997 CA	Nuisance, Local Government, Land	Casemap
	A Local Authority is liable for any damage caused by the roots of a tree growing on the verge of a public highway.
	[ Bailii ]

Hillingdon London Borough Council -v- ARC Ltd
25 Jun 1997 ChD Mr Stanley Burnton Q.C	Land, Limitation	Casemap 1 Cites 1 Citers
	The cause of action for an entry under a compulsory purchase arose at the date of entry even though compensation not yet assessed.
	Compulsory Purchase Act 1965 11 - Limitation Act 1980 9

Raymond John Rees; Janet Mary Rees (Since Deceased) -v- Philip Skerrett and Warner Andrew Solomon [1997] EWCA Civ 760
25 Jun 1997 CA	Land	Casemap 1 Cites 1 Citers
	Right of support - application for leave to appeal.
	Link[s] omitted

Hart and Hart -v- Midland Bank Plc [1997] EWCA Civ 1967
25 Jun 1997 CA	Land
	Application for leave to appeal against mortgage possession order.
	[ Bailii ]

Sze To Chun Keung -v- Kung Kwok Wai David and Lam Chak Man Estate Limited [1997] 1 WLR 1232; [1997] UKPC 35
27 Jun 1997 PC Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hutton	Commonwealth, Land, Limitation	Casemap 1 Cites 1 Citers
	(Hong Kong) The respondents were registered owners of land occupied by the appellant who claim title by adverse possession after entry in 1955. Subsequently the claim resided with the Crown. Held: "on the facts as pleaded, the land has been continuously in adverse possession since 1955 and that the plaintiffs' title was extinguished in about 1975. To all outward appearances, there was no change in possession throughout the period and the licensing arrangements between the defendant and a third party, the Crown, did not affect the adverse nature of the possession as against the plaintiffs. At the time when proceedings were commenced, the defendant had been in possession on his own account for only two years. But this does not matter: the Limitation Ordinance is not concerned with whether the defendant has acquired a title but with whether the plaintiffs' right of action has been barred. For this purpose, all that matters is that there should have been continuous adverse possession for the period of limitation. The rights inter se of the successive persons who may have been in possession adversely to the plaintiffs since they were dispossessed are for this purpose irrelevant."
	[ Bailii ]

Shropshire County Council -v- Michael David Wynne [1997] EWHC Admin 613
1 Jul 1997 Admn	Land
	Criminal Justice and Public Order Act 1994 78
	[ Bailii ]

First National Bank Plc -v- Frederick Kwesi Dickson [1997] EWCA Civ 2006
2 Jul 1997 CA	Land
	Mortgagee's action for possession and arrears.
	Link[s] omitted

National Trust for Places of Historic Interest or Natural Beauty -v- Ashbrook and Others
3 Jul 1997 ChD	Land
	National trust are not prevented by clauses in the Act from fencing in common land.
	National Trust Act 1907 29(A)

Regina -v- Secretary of State for Wales Ex Parte Emery [1997] EWCA Civ 2064; [1998] 4 All ER 367; [1997] EG 114
9 Jul 1997 CA Nourse, Roch, Phillips LLJ	Land	Casemap 1 Cites
	The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it had not been a reasonable conclusion for the Secretary of State to reach that the evidence submitted in support of the application made under section 53 (5) was not such as to indicate that a right of way was reasonably alleged to subsist.
	Highways Act 1980 31 - Highways Act 1981 53 - Wildlife and Countryside Act 1981 Sch 14 - National Parks and Access to the Countryside Act 1949
	Link[s] omitted

Richard Burns -v- George Anthony and Eugenia Anthony [1997] EWCA Civ 2106
15 Jul 1997 CA	Land, Limitation
	Link[s] omitted

Richard Martin & Linda Martin -v- Henry Butcher & Patricia Butcher and Donald Perrin and Audrey Perrin [1997] EWCA Civ 2107
15 Jul 1997 CA	Land
	Link[s] omitted

King -v- Jackson (T/a Jackson Flower Company) [1997] EWCA Civ 2118; [1998] 1 EGLR 30
16 Jul 1997 CA	Land, Contract, Landlord and Tenant, Damages	Casemap 1 Citers
	The defendant appealed an award of £11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property. Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. "The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s “right to occupy” immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been."
	Law of Property (Miscellaneous Provisions) Act 1989 2 - Housing Act 1988 27 28
	Link[s] omitted

Royal Bank of Scotland Plc -v- Freddy Jacob Ezekiel and others [1997] EWCA Civ 2149
18 Jul 1997 CA	Land, Banking	Casemap 1 Cites 1 Citers
	Link[s] omitted

Shropshire County Council -v- Wynne
22 Jul 1997 QBD	Land
	Magistrate considering application for order removing people unlawfully from land did not have discretion not to grant one if the application was made out.
	Criminal Justice and Public Order Act 1994 77

Elizabeth Wheeler Lee -v- John Edward Parsons [1997] EWCA Civ 2154
22 Jul 1997 CA	Land
	Renewed application for leave to appeal after refusal by the single Lord Justice in a case involving a boundary dispute. Granted
	Link[s] omitted

Chesterfield Properties Plc -v- Secretary of State for Environment; Secretary of State for Transport and Stockton-On-Tees Borough Council [1997] EWHC Admin 709
24 Jul 1997 Admn	Land
	When the Secretary of State was considering need for a compulsory purchase order, he need not formally consider whether it was likely actually to be used for purpose for which it was stated to be required.
	Link[s] omitted

Allied London Industrial Properties Limited -v- Castleguard Properties Limited [1997] EWCA Civ 2180
24 Jul 1997 CA Leggatt LJ, Morritt LJ, Brooke LJ	Land	Casemap 1 Cites
	The parties disputed the effect of a conveyance of land from 1985 and an associated deed of variation. The variation added an easement which was argued by the purchaser to have attached to the land, and was said by the vendor to have been personal only. Held: The appeal was dismissed. The judge had correctly identified that the draftsman had differentiated several times between provisions intended to enure for the benefit of successors and those which did not.
	Law of Property Act 1925 187(1)
	Link[s] omitted

Sydney Edgar Hill -v- David Rosser [1997] EWCA Civ 2187
24 Jul 1997 CA	Land, Limitation
	Link[s] omitted

John Steeples -v- Merinda Lea [1998] 76 P & CR 157; [1997] EWCA Civ 2195
25 Jul 1997 CA	Land	Casemap
	Appeal in mortgage possession proceedings.
	Link[s] omitted

Barry McNeeny -v- Secretary of State for Environment and Secretary of State for Transport and South Gloucestershire Council (Successoravon County Council) [1997] EWCA Civ 2254
31 Jul 1997 CA	Land
	Appeal against compulsory purchase order.
	[ Bailii ]

O'Keefe; O'Keefe -v- Secretary of State for Environment and Isle of Wight County Council [1997] EWCA Civ 2219
5 Aug 1997 CA	Land
	There was no obligation on the Secretary of State to hold an inquiry into the existence of a public right of way after the only objection to it has been withdrawn.
	Link[s] omitted

Citibank International Plc -v- Inacinha Hawkins [1997] EWCA Civ 2297
13 Aug 1997 CA	Land
	Possession proceedings.
	Link[s] omitted

Bristol & West Building Society; Watchtower Investments Limited -v- Lawrence and Lawrence [1997] EWCA Civ 2300
14 Aug 1997 CA	Land
	Link[s] omitted

Rudra -v- National & Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd [1997] EWCA Civ 2310
22 Aug 1997 CA	Contract, Agency, Land	Casemap 1 Cites 1 Citers
	Before the auction, the estate agents had signed a contract to sell the house to the claimant. The Society, as mortgagees, said that the agents did not have authority to bind it, and that the contract did not sufficiently identify the property so as to constitute a memorandum of the sale under the 1989 Act, and refused to complete. He sought damages from the agent. The claimant sought to bring in other evidence to join the memorandum with the special conditions of sale. Held: The proposed amendment to the pleadings raised an arguable point of law. Leave to appeal was given.
	Law of Property (Miscellaneous Provisions) Act l989 2
	Link[s] omitted

Hutchings -v- Parker [1997] EWCA Civ 2329
5 Sep 1997 CA	Land
	Link[s] omitted

Regina -v- Secretary of State for Environment and Shropshire County Council ex parte Hilton Royle Parry [1997] EWHC Admin 814
18 Sep 1997 Admn	Land
	Public footpath.
	Link[s] omitted

Arthur Rumsey and Annie Rumsey -v- Norman Caleb Capel; Beatrice Margaret Capel and East Sussex County Council [1997] EWCA Civ 2352
18 Sep 1997 CA	Land, Litigation Practice
	Link[s] omitted

Woolwich Building Society -v- Stephen Timothy Plane; John William Ratcliffe Plane and Susan Joan Plane [1997] EWCA Civ 2372
25 Sep 1997 CA	Land
	Link[s] omitted

Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited -v- Scarborough Borough Council [1997] EWHC QB 363
2 Oct 1997 QBD	Nuisance, Land	Casemap 1 Cites 1 Citers
	The occupier of land which was downhill of dominant land has same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included.
	Link[s] omitted

National Trust for Places of Historic Interest Or Natural Beauty -v- James Davidson and Jo-Anne Willies-Williams [1997] EWCA Civ 2424
6 Oct 1997 CA	Land	Casemap 1 Cites 1 Citers
	Link[s] omitted

Bradford and Bingley Building Society -v- Ramesh Manchanda and Vanita Manchanda [1997] EWCA Civ 2420; [1997] EWCA Civ 2496
6 Oct 1997 CA	Land
	Link[s] omitted

City of Westminster -v- William Gillespie and Janette Gillespie [1997] EWCA Civ 2465
13 Oct 1997 CA	Land
	Link[s] omitted

Eric Cambrai Tutt; Dorothy Mary Tutt -v- Brian Patrick Connell; Jean Margaret Connell; Ian Batchelor; Paula Ann Batchelor and Ian Batchelor; Paula Ann Batchelor -v- Eric Cambrai Tutt and Dorothy Mary Tutt [1997] EWCA Civ 2476
14 Oct 1997 CA	Land	Casemap 1 Cites
	The parties disputed a boundary between their properties. It followed a prolonged and expensive dispute over what was a small piece of land. Held: Acknowledging the caution required before overturning a judge's decision on the facts, there were here difficulties in the findings, and the decision could not be upheld. Appeal allowed
	Link[s] omitted

Wheeler -v- Mulvaney and Mulvaney [1997] EWCA Civ 2483
15 Oct 1997 CA	Land
	Link[s] omitted

Maile -v- Manchester City Council [1997] EWCA Civ 2498
16 Oct 1997 CA	Land
	Link[s] omitted

Collins (Pontefract) Limited -v- British Coal Corporation [1997] EWCA Civ 2499
16 Oct 1997 CA	Land, Damages
	Coal Mining Subsidence Act 1991
	Link[s] omitted

Mehta -v- Royal Bank of Scotland Plc [1997] EWCA Civ 2520
17 Oct 1997 CA	Land	Casemap 1 Cites 1 Citers
	Application for leave to appeal against order striking out claim as abuse of process.
	Link[s] omitted

Bank of Baroda -v- Surinder Dhillon and Surjit Dhillon [1997] EWCA Civ 2511
17 Oct 1997 CA Lord Justice Roch Mr Justice Cazalet	Land	1 Cites
	A property had been bought in the husband's name. The wife made financial contributions to repayment of the charge, and thereby acquired an interest in it. The property was later charged by the paper owner to the claimant, who sought possession under that charge. The wife resisted. Held: The discretion of court to order the sale of a house under Act is not limited as against a party even though that party may have the prior interest; A sale ordered was ordered. The sale was ordered.
	Law of Property Act 1925 30
	Link[s] omitted

Clarke and Clarke -v- O'Keefe and O'Keefe [1997] EWCA Civ 2539; (1997) 80 P&CR 126
21 Oct 1997 CA Peter Gibson LJ	Land, Contract	Casemap 1 Cites 1 Citers
	The plaintiff had bought from the vendor a piece of land, bordering a field retained by him. The conveyance plan showed a vegetation boundary with a dotted line, but its precise position on the ground was unclear to them both. Accordingly, they went out together and staked out the boundary. A subsequent purchaser of the field sought to challenge the agreed line, on the basis that it conflicted with the plan attached to the conveyance. Held: The argument was rejected. Peter Gibson LJ: "I have to say that it would seem to me to be somewhat absurd, in a case where there is no verbal description of the land such as would serve to identify its boundary accurately and where the plan is imprecise in showing the boundary as following a vegetation line in 1977, and where both vendor and purchasers agree its exact position, if the court were then to shut its eyes to evidence of what they agreed was the true boundary."
	Link[s] omitted

David Halstead (for Himself and Others, the Members of the Whalley Range Methodist Church Council and for the Custodian Trustees for Methodist Church Purposes) -v- Council of City of Manchester [1997] EWCA Civ 2555
23 Oct 1997 CA	Land, Damages, Limitation	Casemap 1 Cites
	Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed.
	Compulsory Purchase Act 1965 11(1) - Limitation Act 1980 9(1)
	[ Bailii ]

Mitesh Devshi Shah -v- R A Pitcher [1997] EWCA Civ 2600
29 Oct 1997 CA	Land
	Link[s] omitted

Wendell Tsao -v- Secretary of State for Environment and City of Westminster [1997] EWHC Admin 967
3 Nov 1997 Admn	Land, Local Government
	Appeal against compulsory purchase order - no grounds shown in law.
	Link[s] omitted

Woolwich Building Society Plc -v- K D Chander and Y Chander [1997] EWCA Civ 2640
4 Nov 1997 CA	Land
	Applicatin for suspension of warrant for committal pending appeal.
	Link[s] omitted

Manchester City Council -v- Halstead
5 Nov 1997 CA	Land
	Interest is payable after a compulsory purchase strictly in accordance with the Act, even though this might lead to a windfall gain to the landowner because of the substantial delay in payment.
	Land Compensation Act 1961 5

Safdar -v- Hassan; Ahmed and Javid [1997] EWCA Civ 2676
7 Nov 1997 CA	Land, Trusts
	Link[s] omitted

Alan Wibberley Building Ltd -v- Insley [1997] EWCA Civ 2698; [1998] 1 WLR 881
12 Nov 1997 CA Lord Justice Simon Brown, Lord Justice Ward, Lord Justice Judge	Land	Casemap 1 Cites 1 Citers
	Where adjoining fields are separated by a hedge and a ditch, who owns the ditch? Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS plan. The Ordnance Survey does not fix private boundaries. The purpose of the survey is topographical, not taxative. Even the most detailed Ordnance Survey map may not show every feature on the ground which can be used to identify the extent of the owner's land.
	Link[s] omitted

Affleck -v- Shorefield Holidays Limited [1997] EWCA Civ 2748
18 Nov 1997 CA	Land
	Link[s] omitted

HL (4) Limited -v- Walter Ambrosini and Another [1997] EWCA Civ 2743
18 Nov 1997 CA	Land
	Suspension of possession order under legal charge.
	Link[s] omitted

Derek Minor -v- and P G Groves [1997] EWCA Civ 2565
20 Nov 1997 CA Hirst LJ, Millett LJ, Swinton Thomas LJ	Land	Casemap 1 Cites 1 Citers
	The parties were neighbours, with houses adjacent to a right of way. Slabs had been laid next to the houses forming a raised pavement. The respondents had sought to enclose their area of this raised pavement, building a porch. They now appealed an order requiring to remove what had already been built. Held: The pavement did not form part of the right of way, and had been conveyed to them by implication of the section. A dominant owner of land subject to a right of way may build on his land up to the very edge of the right of way established.
	Law of Property Act 1925 62(2)(ii)(a)
	Link[s] omitted

Kent County Council -v- Upchurch River Valley Golf Course Limited [1997] EWHC Admin 1035
21 Nov 1997 Admn	Land, Local Government	Casemap
	The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed. Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means.
	Highways Act 1990 130
	Link[s] omitted

Gregory and Another -v- Hall and Another [1997] EWCA Civ 2787
21 Nov 1997 CA	Land
	Renewed application for leave to appeal out of time - boundary dispute.
	[ Bailii ]

Regina -v- Oxfordshire County Council ex parte Sunningwell Parish Council [1997] EWCA Civ 2807; [2006] Ch 43
24 Nov 1997 CA Carnwath LJ	Land	Casemap 1 Cites 1 Citers
	Commons Registration Act 1965 13(b)
	Link[s] omitted

Regina -v- Secretary of State for Environment ex parte Slot [1997] EWCA Civ 2845
27 Nov 1997 CA	Land
	Appeal against refusal to confirm a bridleway.
	Highways Act 1980
	Link[s] omitted

Bradford and Bingley Building Society -v- Methven [1997] EWCA Civ 2833
27 Nov 1997 CA	Land
	Application for leave to appeal against order for possession in mortgage action.
	Link[s] omitted

Regina -v- Northamptonshire County Council ex parte Kathy Addison and Others [1997] EWHC Admin 1079
3 Dec 1997 Admn	Land
	The applicants, travellers, sought to challenge orders under the Act requiring them to move on. Held: The authority had made appropriate enquiries for their protection and leave was refused.
	Criminal Justice and Public Order Act 1994 74
	Link[s] omitted

Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) -v- Scarborough Borough Council [1997] EWHC QB 355
5 Dec 1997 QBD	Land, Damages	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Secretary of State for the Environment Ex Parte Slot
11 Dec 1997 CA	Land
	An applicant for the diversion of a bridleway had the right to make independent representations as to objections received from third parties.
	Highways Act 1980 119

Ropaigealach -v- Barclays Bank plc (1) [1997] EWCA Civ 2969
11 Dec 1997 CA	Land	Casemap 1 Citers
	Application for leave to appeal on issue of whether "by necessary implication, the effect of section 36 of the Administration of Justice Act is that a mortgagee must first obtain the leave of the court before proceeding to enforce its right to possession or its power of sale under the mortgage deed in relation to a dwelling house." Held: Leave was granted.
	Administration of Justice Act 1973 36
	Link[s] omitted

Edith Alice Billington (By Jack Johnson Billington Her Next Friend) Thomas Joseph Billington Edith Annie Warburton -v- Joan Blackshaw [1997] EWCA Civ 3003
16 Dec 1997 CA	Land	Casemap 1 Cites
	The court had set aside a conveyance at an undervalue by a mother to one of her children. There was evidence to doubt her capacity at the time. Held: There was evidence of senile dementia, and the presumption applied. The judge had dealt fairly with the appellants, and the appeal was denied.
	Link[s] omitted

Mattathion Haron -v- Gladstone Williams and R Williams [1997] EWCA Civ 3023
17 Dec 1997 CA	Land, Housing
	Application for leave to appeal against possession order.
	Link[s] omitted

Michael David Hillman; Louise Christine Hillman -v- Anthony Marlin Rogers and Michael Desmond Rogers [1997] EWCA Civ 3069
19 Dec 1997 CA Robert Walker LJ	Land	Casemap 1 Cites 1 Citers
	The parties disputed rights of way. The court considered the use of extrinsic evidence to construe the conveyance at issue. Robert Walker LJ: "It is to my mind clearly a case in which the court needs all the help it can get, and is entitled to make use of all the help it can get, from extrinsic evidence: see the observations of Megarry J in Neilson v Poole."
	[ Bailii ]

Adair -v- National Trust for Places of Historic Interest or Natural Beauty and Another (Northern Ireland)
19 Dec 1997 ChD	Land, Northern Ireland
	The Common law recognised a right to collect shellfish from the foreshore or tidal waters, but a right to take lugworms is ancillary to the activity of fishing only.

Peter W Edmunds -v- The National Assembly for Wales ACQ/59/1997; ACQ/59/1997
31 Dec 1997 LT	Land
	[ LT ]

Leslie Bernard Nicholls -v- Highways Agency ACQ/141/1997
31 Dec 1997 LT	Land	1 Cites
	LT COMPENSATION - simplified procedure - compulsory acquisition of grassland with hardstanding and shed - whether undertaking given at CPO inquiry that compensation would be assessed on cost of reinstatement - whether compensation to be assessed under r(5) of s 5 Land Compensation Act 1961 - whether compensation for reinstatement can be claimed as disturbance - alternative assessments of compensation agreed - compensation of £3,500 awarded for the value of the land with the hardstanding and shed under r(2) of s 5 of 1961 Act - Land Compensation Act 1961, s 5 rules (2) and (5); Compulsory Purchase Act 1965, s 7 - sealed offer in excess of award - costs of hearing awarded to Authority.
	Land Compensation Act 1973 37
	Link[s] omitted

Stephen Farrel -v- First National Bank Plc & Another ACQ/10/1997; ACQ/10/1997
31 Dec 1997 LT	Land
	Link[s] omitted

BRB (Residuary) Ltd -v- South Yorkshire Passenger Transport Executive ACQ/32/1997; ACQ/32/1997
31 Dec 1997 LT	Land
	Link[s] omitted

Walker & Partners Ltd -v- The Coal Authority LCA/48/1997
31 Dec 1997 LT	Land
	Link[s] omitted

Stuart Lillis -v- North West Water Ltd LCA/131/1997; LCA/131/1997
31 Dec 1997 LT	Land
	Link[s] omitted

David L J Wells -v- Bournemouth Borough Council LCA/171/1997; LCA/171/1997
31 Dec 1997 LT	Land
	Link[s] omitted

Mr P M Hooper -v- City & County of Swansea ACQ/68/1997; ACQ/68/1997
31 Dec 1997 LT	Land
	Link[s] omitted