Estate in Land in UK Law

Leading Cases
  • Hopgood v Brown
    • Court of Appeal
    • 03 Fev 1955

    The plan is to be looked at in order to assist in identifying the plot of land. If the plan is so used, there is nothing which suggests that the lines of the boundaries connecting the frontage to Hamlet Road with the rear are other than straight. That they should be so would, in my judgment, be the natural supposition and inference.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Jun 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

    But he may have taken over the nuisance, ready made as it were, when he acquired the property, or the nuisance may be due to a latent defect or to the act of a trespasser, or stranger. Then he is not liable unless he continued or adopted the nuisance, or, more accurately,did not without undue delay remedy it when he became aware of it, or with ordinary and reasonable care should have become aware of it.

  • Buckinghamshire County Council v Moran
    • Court of Appeal
    • 13 Fev 1989

    If in any given case the land in dispute is unbuilt land and the squatter is aware that the owner, while having no present use for it, has a purpose in mind for its use in the future, the court is likely to require very clear evidence before it can be satisfied that the squatter who claims a possessory title has not only established factual possession of the land, but also the requisite intention to exclude the world at large, including the owner with the paper title, so far as is reasonably practicable and so far as the processes of the law will allow.

  • Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and B.P. Ltd
    • Court of Appeal
    • 10 Jul 1974

    When the true owner of land intends to use it for a particular purpose in the future, but meanwhile has no immediate use for it, and so leaves it unoccupied, he does not lose his title to it simply because some other person enters on it and uses it for some temporary surpose, like stacking materials; or for some seasonal purpose, like growing vegetables. The line between acts of user and acts of possession is too fine for words.

  • Thorner v Curtis and Others
    • House of Lords
    • 25 Mar 2009,25 Mar 2009

    Nevertheless most scholars agree that the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance (see Megarry & Wade, Law of Real Property, 7th edition (2008) para 16-001; Gray & Gray, Elements of Land Law, 5th edition (2009) para 9.2.8; Snell's Equity, 31st edition (2005) paras 10-16 to 10-19; Gardner, An Introduction to Land Law (2007) para 7.1.1).

  • Crabb v Arun District Council
    • Court of Appeal
    • 23 Jul 1975

    Short of an actual promisye, if he, by his words or conduct, so behaves as to lead another to believe that he will not insist on his strict legal rights — knowing or intending that the other will act on that belief — and he does so act, that again will raise an equity in favour of the other: and it is for a Court of Equity to say in what way the equity may besatisfied.

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Books & Journal Articles
  • Dutch blockchain, real estate and land registration
    • Núm. 12-2, July 2020
    • Journal of Property, Planning and Environmental Law
    Purpose: A first exploration of the impact of blockchain on real estate in the Netherlands took place in 2017. In the follow-up, several blockchain and real estate studies have appeared with resear...
  • Modern Real Property
    • Núm. 19-1, January 1956
    • The Modern Law Review
    • Núm. 25-4, July 1962
    • The Modern Law Review
  • Rectification of the Register – Prospective or Retrospective?
    • Núm. 78-2, March 2015
    • The Modern Law Review
    In Gold Harp v MacLeod the Court of Appeal considered paragraph 8 of Schedule 4 of the Land Registration Act 2002 and interpreted this provision to mean that the priority between mistakenly de‐regi...
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Law Firm Commentaries
  • Limited Partnerships Cannot Hold Property
    • Mondaq UK
    • 14 de Novembro de 2016
    ...... As an LP is not a legal entity, it cannot hold a legal estate in land in the name of the LP. The legal owners of the LP's property may ......
  • Closing the registration gap
    • JD Supra United Kingdom
    • Dentons
    • 26 de Julho de 2018
    In late 2016 the High Court decided that a purchaser was bound by an easement granted by his sellers, without his permission, after he had purchased his land from them. That decision caused conside...
    ...... by his sellers, without his permission, after he had purchased his land from them. That decision caused considerable unease. Accordingly, it will ... the grant of an easement amounted to the conveyance of a legal estate;. . the Farm Land was held on trust for Mr Craggs; and. . the ......
  • Wind Farms - Renewable Energy And Property Law
    • Mondaq United Kingdom
    • 18 de Dezembro de 2012
    ...... waters comprise those areas of tidal water that lie on the landward side of any base line. A baseline is generally the low water mark around ... Housing Trust characteristic of a lease that it should create an estate in land. If the requirements of a lease are met, namely that there should ......
  • 'Subject To Contract' - Is It Necessary?
    • Mondaq UK
    • 29 de Abril de 2016
    ...... binding contracts had been exchanged for the sale and purchase of land - even though this was not the parties' intention. That situation improved ... it only applies to contracts for the sale, lease or other legal estate in land. If you are negotiating a licence rather than a lease or a sale ......
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