Property-Case-Notes - Lecture notes Land Law PDF

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Property Law Case Notes Topic 1: Property Case Facts Issue Judgment/Ratio Entick v Carrington Carrington and three others entered Entick’s house without consent under warrant Could the warrant authorise the actions of Carrington? No No one could lawfully interfere with property rights without showin...

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Property Law Case Notes Topic 1: Property Case

Facts

Issue

Judgment/Ratio

Entick v Carrington

Carrington and three others entered Entick’s house without consent under warrant

Could the warrant authorise the actions of Carrington?

No No one could lawfully interfere with property rights without showing legal authority to do so “individual rights are the basis not the result of the law of the constitution.” A.V. Dicey, The Law of Constitution

National Provincial Bank v Ainsworth

Husband deserted wife - left estate to his company

Could bank claim the house?

Yes Ainsworth’s deserted wife’s equity was not a property right but a personal right

(HL) Husband defaulted on mortgage - bank wanted to reclaim house Wife had no equitable interested Topic 2: Land Physical reach of land Case

Facts

Issue

Judgment/Ratio

Bernstein v Skyviews

Skyviews took aerial photograph of Bernstein’s property

To what extent did his Airspace needs to property rights extend to height for extend? reasonable enjoyment

1

Bernstein claimed this was a trespass

Cujus est solum maxim does not apply to modern realities The upper stratum exists as a public highway - if not, every single time a plane flew over the land it would be committing trespass. There is also no common law right to privacy, so no tortious claim is possible.

Star Energy v Bocardo Oil field under property (SC) Star energy had drilled under his land

To what extent do property rights extend below the land?

Sets a ‘point of absurdity’ as the reasonable limit Owner of surface will also own substrate beneath it, unless it has be transferred to someone else by statute or conveyance No question of subsurface becoming public highway, unlike the airspace As Bocardo owned title to the land, he has prima facie right to possession of the substrata

2

Kelsen v Imperial Tobacco

Defendant owned freehold to premises for business

Was this an interference into rights of airspace?

Leased part to claimant who had tobacco shop and a flat

Crane which passes boom over private land

Air space above shop was granted by the lease No representation of future intention estoppel did not apply

Defendant erected sign 8ft high that went into claimant’s airspace by 4 inches Anchor Brewhouse v Berkley House

Yes

Trespass, not merely a nuisance Does this create an actionable nuisance?

Yes A structure that overhangs on their neighbour’s land is trespass - the fact that the structure is annexed separates it from planes

Objects attached to the land Case

Facts

Issue

Judgment/Ratio

Elitestone v Morris

Freeholders of land where wooden bungalows were erected

Had bungalow become part and parcel of the land?

Yes

(HL)

Structure rested on concrete pillars

House constructed in such a way that it cannot be removed without destruction cannot be a chattel

Plaintiffs acquired land to redevelop

Not demountable, thus part of the land Degree goes without saying House constructed in

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such a way cannot be intended as chattel Tower Hamlets v Bromley

Sculpture on concrete Is the sculpture part slab in front of blocks and parcel of the land? in Tower Hamlets Tower Hamlets wanted to sell it, Bromley claimed ownership

No Two tests: degree and method of annexation, and object and purpose of annexation Sculpture could be removed without damage

Botham v TSB Bank

Botham owned luxury flat in Chelsea, borrowed money from TSB Bank, who had a mortgage.

Were the objects fixtures?

Some were Ultimately a test of fact Kitchen units and bathroom fitting were firmly in place and required for intended use of property fixtures

Failed to pay - TSB acquired power to sell. Botham claimed they could not sell objects in flat as they were not fixtures

Carpets and curtains lacked permanence Gas fires’ attachment was held to be insufficient

Things found in or on the land Case

Facts

Issue

Judgment/Ratio

Armory v Delamirie

Chimney sweep found jewel

Did the boy acquire property rights?

Yes

Showed this to jewel shop

Finder obtains title against anyone except true owner

4

When boy learned of the value, he wanted it back - jewel shop owner refused this Hannah v Peel

Peel bought house, did not move in. Whilst requisitioned by government for use by armed forces, Hannah found brooch by window frame.

Did Hannah acquire a property right by virtue of finding the brooch?

Handed it to police, and was given back to Peel.

Yes Taking physical control generally grants a property right - though this may not be the best property right. The person who owns it can generally assert their right against the finder.

Hannah claimed property right to brooch because he found it

Hannah acquired right by finding the brooch. Clearly not part and parcel of land Mere presence on land alone does not provide owner of land with property right

Parker v BA

Parker waiting for flight in executive lounge Spotted gold bracelet on floor - handed it to BA staff in case passenger came forward, but said it should be returned to him if no one did

Did Parker acquire better ownership rights?

Yes Expands on Hannah v Peel by showing that a manifest intention to exercise control over land and all things on it can help owner acquire property right

5

BA sold the bracelet Waverley Borough Council v Fletcher

WBC had freehold in Did the council have a Yes a park, that was open property right? Fletcher’s digging and to public for metal detecting were recreational use not within council’s permitted use of land Fletcher visited with metal detector, and His conduct found brooch about constituted trespass nine inches below therefore council had surface a better right Council claimed property right as it was found on its land

Flack v National Crime Authority

Flack was tenant of residential premises

(Australian)

Officers found briefcase containing $433,000 - seized it for evidence

Costello v Chief Constable of Derbyshire

Could Flack recover the briefcase?

Yes Homeowner has assumed intention that people will not interfere with goods in their home

Held to not be evidence

On this basis, distinguished from Parker

Police seized car from Could he recover the car? Costello thinking it was stolen

Yes

Never bought criminal procedures refused to return car

PACE guidelines only granted temporary property rights - after this, Costello’s rights were superior

Topic 3: Legal Estates and Legal Interests Statutes: Statute

Section

What it says

6

Law of Property Act 1925

1

Two legal estates: fee simple (freehold) & term of years absolute (leasehold) Four legal interests: easement, rentcharge, legal mortgage/charge, rights of entry All other interests are equitable only.

Concept of a property right Case

Facts

Issue

Judgment/Ratio

Hill v Tupper

Proprietors of Basingstoke Canal Navigation owned the canal

Was this a valid form of property right?

No Can’t create property rights unconnected with use and enjoyment of land

Made promise to Hill for exclusive right to put pleasure boats on canal

They created a personal right against the company - could not bind everyone

Tupper started doing this - Hill objected that this interfered with his property right Content question: legal estate in land Case

Facts

Issue

Judgment/Ratio

Miles v Bull

Mr Bull and his brother had freehold on farmhouse and adjacent land

Could Miles remove Mrs Bill from the land?

Sham purchaser will not take rights.

B occupied land with wife until ‘65, when he left 1967 Matrimonial Homes Act gave Mrs

An ulterior motive does not inherently make something a shame purchase. However, this was taken to full trial over whether the freehold

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Bull continued right of occupation.

had been taken.

Mr Bull sold freehold to Miles - Miles wanted to remove her She could not assert right as it was unregistered. She argued the transfer was a sham to remove her Content question: legal interest in land Case

Facts

Issue

Judgment/Ratio

Keppell v Bailey

Kendall brothers were proprietors of ironworks

Did the promise bind the Baileys?

No Dangers would arise from creating new legal interests in land

Set up company to build a railroad. Made promise to stockholders that ironworks would only come from their quarry

Third parties would find it difficult to know what his burdens were if this were allowed

Baileys bought the company - used different quarry. Importance of leases Case

Facts

Issue

Judgment/Ratio

Street v Mountford

Street gave Mountford right to occupy two rooms in

Was this a licence or a lease?

Lease Can only have lease if

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his house with exclusive possession Street had Mountford sign form saying this was license, not lease Hunter v Canary Wharf

Canary Wharf tower Could there be interfered with TV lainility? reception of residents

you have exclusive possession for land for a term Rent does not need to be paid for a lease No To sue for nuisance, you must have a property right Claimants who had licence on the land could therefore not sue Licences do not give rights that can be asserted - leases do

Prudential Assurance v London Residuary Body

Leaseback agreement Was this lease valid? made on strip of land near edge of highway Lease said to last until land required for development?

No Prospective certainty required for a lease nominal date should be set.

Topic 4: Equity and Equitable Interests in Land Statute

Section

What it says

Law of Property Act 1925

2

Overreaching equitable interests (1) Conveyance to a purchaser of a legal estate will overreach any equitable interest affecting the estate, subject to fulfilling requirements (2) Two or more trustees

9

(3) excludes certain equitable ownerships - restricts it to cases where there is equitable ownership behind a trust Law of Property Act 1925

3

Manner of giving effect to equitable interests (1) estate owner is bound by equitable interests (subject to priority rules etc)

Law of Property Act 1925

4

Creation and disposition of equitable interests (1) Interests in land that are not capable of being legal interests will be equitable.

Limiting the content of equitable interests: Case

Facts

Issue

Judgment/Ratio

Rhone v Stephens

House divided by owner into house and a cottage - roof of house overhung cottage

Did the promise made in 1960 bind the subsequent parties?

No

Former owner sold freehold of cottage in 1960 - promised to keep in good repair part of cottage supporting the house

Was a positive burden (duty to do repairs) and was not restrictive - thus did not give rise to equitable interest

Cottage fell into disrepair in 1991 Relationship between common law and equity Case

Facts

Issue

Judgment/Ratio

The Aliakmon

Plaintiff bought cargo to be shipped to defendant’s vessel

Could buyers sue for loss?

No Had to have legal ownership of or

10

Cargo damaged due to poor stowage

possessory title to property at time of loss or damage

At time of damage, claimant neither owned nor possessed cargo

Standard rule = B must rely on A to sue X, as B has no direct right against X

Had assumed risk of damage under terms of contract Shell UK v Total UK Ltd

Yes Huge explosion led to Could Shell sue for damage to third party total destruction of owned property? Damages recovered fuel pipe line by A could be held for B on trust. A’s claim is Shell suffered based on X’s duty to economic loss as a A. result Given opportunity to appeal to UKSC, but settled outside.

However, Shell didn’t hold legal title to land or the property, but instead were one of four beneficiaries on a trust R v Tower Hamlets LBC

Ten year shorthold tenancy not executed under deed

Could this claim go through given that it was not a legal estate?

Claim for council grant for repairs and renovations

Yes Equitable interest is as good as a legal interest Claimant had already been there for 5 years and another 5 remained - sufficient interest for such a claim.

The doctrine of anticipation: Case

Facts

Issue

Judgment/Ratio

11

Walsh v Lonsdale

Could Walsh stop Lonsdale demanding this on basis that lease wasn’t formally Rent subject to looms granted? operated, subject to minimum number. Rent based on this was payable a year in advance Lonsdale agreed to grant lease of a mill to Walsh for 7 years

No lease granted, Walsh moved in and started paying rent quarterly Lonsdale demanded payment in advance and levied distress for non payment of rent Lloyds Bank v Carrick

Mrs Carrick Could bank obtain purchased possession from unregistered Carrick leasehold estate from Mr Carrick, her brother No formal conveyance Mr Carrick subsequently mortgaged estate and defaulted on payments Bank said her estate was void against them due to non registration

No Doctrine of anticipation created: equity regards as done what ought to be done. Creates equitable equivalent of legal lease. Requires contract underlying defective lease to contain all express terms, be signed, provide consideration and be expressly enforceable. Yes Interest under doctrine of anticipation dependent on priority rules of estate contracts, not trusts Mortgage took priority due to lack of registration of her estate contract. Reliance on doctrine of anticipation therefore parasitic on their enforceability from the underlying contract

12

Equity in action: proprietary estoppel Case

Facts

Issue

Judgment/Ratio

Crabb v Arun District Council

Claimant assured local council would build right of way to his land

Could council be estopped from this?

Yes Under equity, A is under duty to grant B the right of way A led B to reasonably believe he would acquire

Council build fence with gap for right of way Claimant relied on this to sell part of his land, leaving him landlocked Council then filled the gap and demanded £3k for the right of way to be built Topic 5: Licenses Nature of a licence: Case

Facts

Issue

Thomas v Sorrell

What is a licence? Mr Thomas, on behalf of Crown, demanded from Mr Sorrell payments on basis that he had sold wine without licence

Judgment/Ratio “Makes an action lawful which, without it, had been unlawful”

Said he had licence to sell wine as member of a vintners society Contractual licences: Case

Facts

Issue

Judgment/Ratio

13

Tanner v Tanner

Tanner entered into extramarital relationship with B

Could defendant be forced to leave?

No Giving up rent controlled apartment was consideration for implied contractual licence, terminated when her kids finish school

She gave birth to twins and changed name to Mrs Tanner never married Mr Tanner bought house where they would live. Br gave up rent controlled tenancy on this basis.

Awarded damages as she had already left the house Now there are statutory means to provide for children

Tanner married another woman and removed B from the house. B argued Tanner was under license to allow her to remain Contracts, B’s position against A - old position Case

Facts

Wood v Leadbitter

Could licence be Claimant bought ticket granting licence revoked to watch horse racing from stand

(old position)

Issue

Judgment/Ratio Orthodox view = license could be revoked any time It did not grant a property right in land, and thus can’t get injunction to stop it being revoked

Defendant evicted claimant

Contracts, B’s position against A - new position Case

Facts

Issue

Judgment/Ratio

Verrall v Great

Great Yarmouth BC

Could the licence be

No

14

Yarmouth BC

owned hall. Made promise to allow National Front to use it for conference

revoked? Once a man has entered into contract, they can’t withdraw. Specific performance must be granted

New labour government took over, wanted to revoke the licence Thompson v Park

Two schools amalgamated under license to form one school

Considered licence to be ‘interest’ in land Could injunction be granted?

Relationship between headteachers broke down, Thompson attempted to revoke the licence

Yes The court cannot, and will not, force two people to live peacefully under the same roof, this would be onerous.

Having left, Park forced his way back on property and refused to leave. Thompson asked for injunction Hurst v Picture Theatres

Film shown at cinema Was licence revocable? owned by Picture Theatres. Hurt bought ticket, was forced to leave as manager mistakenly believed he had not paid for his seat.

No Contractual licence gives B liberty to use A’s land, and A is under contractual duty to not revoke this. Even if A revokes the licence, B does not automatically become a trespasser

15

as he retains a right to be on the land. Hounslow LBC v Twickenham GD ltd

Builder allowed into occupation of land for 4 year period to carry out building work with council

Could council obtain injunction?

No Contractual licensor cannot become trespasser, regardless whether the contract is specifically enforceable or not.

Council wanted to bring contract to end without notice Builder refused to leave Contractual licence, B’s position against C - orthodox position Case

Facts

Issue

Judgment/Ratio

King v David Allen

Lessee of cinema granted licence to advertising company to place adverts around cinema for annual fee

Was licence enforceable against new tenant?

No Contractual licences create personal obligation and do not bind successors

Tenancy brought to end and ne...