Real Estate in UK Law

Leading Cases
  • Alan Wibberley Building Ltd v Insley
    • House of Lords
    • 29 Apr 1999

    It follows that if it becomes necessary to establish the exact boundary, the deeds will almost invariably have to be supplemented by such inferences as may be drawn from topographical features which existed, or may be supposed to have existed, when the conveyances were executed.

  • Chadwick and Others v Abbotswood Properties Ltd and Others
    • Chancery Division
    • 17 May 2004

    Where the definition of the parcels in a conveyance or transfer is not clear, then the court must have recourse to extrinsic evidence, and in particular to the physical features on the ground.

  • Inwards v Baker
    • Court of Appeal
    • 13 Jan 1965

    It is quite plain from those authorities that if the owner of land requests another, or indeed allows another, to expend miner on the land under an expectation created or encouraged by the landlord that he will be able to remain there, that raises an equity in the licensee such as to entitle him to stay. Mr. Goodhart urged before us that the licensee could not stay indefinitely.

  • Ramnarace v Lutchman
    • Privy Council
    • 21 May 2001

    Generally speaking, adverse possession is possession which is inconsistent with and in denial of the title of the true owner. Possession is not normally adverse if it is enjoyed by a lawful title or with the consent of the true owner.

  • Oxfordshire County Council v Oxford City Council
    • House of Lords
    • 24 May 2006

    But I do not think that either Act was intended to prevent the owner from using the land consistently with the rights of the inhabitants under the principle discussed in Fitch v Fitch (1798) 2 Esp 543. Nor do I follow how the fact that, upon registration, the land would become subject to the 1857 and 1876 Acts can be relevant to the question of whether there has been the requisite user by local inhabitants for upwards of 20 years before the date of the application.

  • Methuen-Campbell v Walters
    • Court of Appeal (Civil Division)
    • 21 Jun 1978

    In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately associated with the latter as to lead to the conclusion that the former in truth forms part and parcel of the latter.

  • Treloar v Nute
    • Court of Appeal (Civil Division)
    • 07 Jul 1976

    It is not in doubt that under the 1939 Act as under the previous law, the person claiming by possession must show either (1) discontinuance by the paper owner followed by possession or (2) dispossession (or as it is sometimes called 'ouster') of the paper owner, Clearly, possession concurrent with the paper owner is insufficient.

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Books & Journal Articles
  • International real estate research
    • Nbr. 37-5, August 2019
    • Journal of Property Investment & Finance
    • 426-426
  • Integration between real estate equity and non-real estate equity
    • Nbr. 32-3, April 2014
    • Journal of Property Investment & Finance
    • 244-255
    Purpose: – The paper examined the long-run relationship between real estate equity (property listed stock) and non-real estate equity (common stock) in the Nigerian capital market and established t...
  • European real estate market convergence
    • Nbr. 30-5, August 2012
    • Journal of Property Investment & Finance
    • 458-472
    Purpose: The purpose of this paper is to test the extent of convergence in rents and yields in the European real estate office market. Design/methodology/approach: The paper uses the concepts of b...
  • Mapping “infected” real estate property
    • Nbr. 14-3, July 2011
    • Journal of Money Laundering Control
    • 239-253
    Purpose: In 2009, the research team of Unger and Nelen was requested to study the scale of entwinement between money laundering activities and the Dutch real estate sector. For this, the team devel...
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Law Firm Commentaries
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