Real Estate in UK Law

Leading Cases
  • Alan Wibberley Building Ltd v Insley
    • House of Lords
    • 29 April 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.

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

    But, with respect to the judge, I do not agree that the low-level agricultural activities must be regarded as having been inconsistent with use for sports and pastimes for the purposes of section 22 if in practice they were not. 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.

  • Inwards v Baker
    • Court of Appeal
    • 13 January 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.

  • Methuen-Campbell v Walters
    • Court of Appeal (Civil Division)
    • 21 June 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.

  • Fraser and Another v Canterbury Diocesan Board of Finance
    • Court of Appeal (Civil Division)
    • 24 November 2000

    In order to come within the Act the grant has to be for one or more of the three purposes mentioned in section 2 i.e. for the education of poor persons, or for the residence of a schoolmaster or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge.

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Books & Journal Articles
  • Integration between real estate equity and non-real estate equity
    • No. 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
    • No. 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
    • No. 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...
  • The changing nature of real estate research
    • No. 40-3, March 2022
    • Journal of Property Investment & Finance
    • 278-283
    Purpose: With the Journal of Property Investment and Finance (JPIF) being 40 years old, this paper reflects on the changes in real estate research over the last 40 years, the drivers behind these c...
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Law Firm Commentaries
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  • Writ of sequestration (rule 81.20(1) and rule 81.27)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... (1) to enter upon and take possession of all the real and personal estate of the defendant (name), ... (2) to collect, ... ...
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... 3. Other real estate – Mar k et value: ... Ownership: □ self ... ...
  • Form No.57
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... (name) the sums as set out in the Schedule below to be raised from the real and personal estate of (name) at the time of his death in the hands of the ... ...
  • Judgment against personal representative (PD40B para 14.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... assessment if not agreed] such sum and costs to be levied of the real and personal estate within the meaning of the Administration of Estates ... ...
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