Category: Land

Thomas v Dering: 1837

References: (1837) 1 Keen 729, [1837] EngR 595, (1837) 1 Keen 729, (1837) 48 ER 488
Links: Commonlii
Coram: Lord Langdale
Ratio: The court put forward: ‘the general principle that the court will not execute a contract, the performance of which is unreasonable or will be prejudicial to persons interested in the property, but not parties to the contract’
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Cedar Holdings Ltd v Green CA ([1981] Ch 129)
    A property was held in the joint names of a former husband and wife. To obtain a loan for the husband, a legal charge over the property was executed by the husband, but he had another woman execute for the wife, pretending to be her. The chargee . .
  • Cited – Bankers Trust Company v Namdar and Namdar CA ([1997] EWCA Civ 1015)
    The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature.
    Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 238940

Re Jilla’s Application: 2000

References: [2000] 2 EGLR 99
Ratio:
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Mahon and Another v Sims QBD (Times 16-Jun-05, [2005] 3 EGLR 67)
    A land transfer had contained a clause requiring a restrictive covenant agreeing not to erect any building without the approval by the neighbours of plans.
    Held: The term ‘transferors’ was to be read to include the transferors’ successors in . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 228508

The Duke of Bedford v British Museum: 6 Jul 1822

References: [1822] EngR 456, (1822) 1 Coop T Cott 90, (1822) 47 ER 761 (B)
Links: Commonlii
Ratio:
Jurisdiction: England and Wales
This case cites:

  • See Also – The Duke of Bedford v The Trustees of The British Museum (Commonlii, [1822] EngR 457, (1822) 2 My and K 552, (1822) 39 ER 1055)
    Where land is conveyed in fee, by deed of feoffment, subject to a perpetual ground rent, and the feoffee covenants for himself, his heirs and assigns, with the feoffor, the owner of adjoining lands, his heirs, executors, administrators, and assigns, . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 329349

Malcomson v O’Dea: 1863

References: (1863) 10 HLC 592
Ratio: In considering a claim to have acquired a right by prescription it is relevant to investigate acts of ownership asserted in relation to the right which is claimed as well as acts of enjoyment or user of the right.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Barton v The Church Commissioners for England ChD (Bailii, [2008] EWHC 3091 (Ch))
    The commissioners claimed a right by prescription to all fish to be taken in a stretch of the River Wye. The claimant was to moor a barge on the river.
    Held: The court explained the nature and legal status of fisheries in the law going back to . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 279922