Archive for November 2007
Constructive Trust and Proprietary Estoppel again
In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick’s main judgment:
A constructive trust can arise some years after the purchase of the property by the sole title holder alone. There is [...]
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All back to mine
After yesterday’s note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co.
Wandsworth v Randall [2007] EWCA Civ 1126
The situation – son succeeds to a parent’s secure tenancy on their death. The son is, at that point, the sole [...]
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Winter & Anor v Traditional & Contemporary Contracts Ltd [2007] EWCA Civ 1088 (07 November 2007)
The Lands Tribunal did not make an error of law when it decided to assess the compensation awarded for the modification of a restrictive covenant under section 84 of the Law of Property Act 1925 only on the basis of the impact of the development on the objectors. The Lands Tribunal did not have to consider the loss of opportunity to extract a share of the development value.
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