Archive for January 2006
Where a mortgagee exercises his power of sale with mixed motives, including to recover the debt secured by the mortgage, his exercise of the power of sale would not be improper, but where no part of his motive was to recover the debt, the power of sale would be invalidated.
In calculating the net internal area of a building, the area to be included pursuant to the RICS Code of Measuring Practice, was the area that could be used for any sensible purpose in connection with the purposes for which the premises were to be used.
The Appellant successfully appealed a decision by the Judge in a trial of a preliminary issue as to whether a tenancy was capable of enforcement by him after its termination. The Judge found that there might be an issue as to whether the Appellant had operated a trigger of a condition in a tenancy agreement. The CA held that he was wrong not to hear any evidence as he had thereby pre-empted the determination of whether the condition was operative.
The Appellant appealed the Lands Tribunal’s decision to permit modification of restrictive covenants concerning 8 houses in a road. One owner wished to erect a house on land to the rear of the house. The Lands Tribunal allowed the modification under section 84(1)(aa) of the Law of Property Act 1925 and this was upheld by the Court of Appeal. The Court held that “reasonable user” referred to long term use rather than any nuisance caused by the construction works.