Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 Relevant background: The Court of Appeal has issued a decision that has rendered a development contract between a Council and a private developer for the regeneration of an indust...

Farakh Rashid v Teyub Nasrullah (Acting as Executor of the Estate of the late Mohammed Rashid) [2018] EWCA Civ 2685 The Court of Appeal has decided that a registered owner of land can also be in adverse possession of the same land. The late Mohammed...

Canary Wharf (BP4) T1 Ltd v European Medicines Agency   The impact of Brexit upon property disputes has not been wide ranging thus far.  However, a case which is set for trial in the early part of 2019 may alter that position and potential...

UKI (Kingsway) Ltd v Westminster City Council [2018] UKSC 67 Although on the topic of service of a rates notice, this Supreme Court case provides general guidance on the service of notices, relevant to most property cases. A local authority served a...

The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 The Court of Appeal has refused to allow a property developer to modify a set of restrictive covenants, reversing the decision of the Upper Trib...

Bracken Hill Court at Ackworth Management Company Ltd v Dobson [2018] UKUT 333 (LC) The Upper Tribunal (Lands Chamber) has upheld an appeal from a management company and determined that contracts of less than 12 months are not Qualifying Long T...

Ashtead Plant Hire Company Limited v Granton Central Developments Limited [2019] CSOH 7 This case involves a landlord and tenant dispute over the proper construction of the rent review provisions in a lease of commercial premises.  The parties ...

Ramoyle Developments Limited v Scottish Borders Council [2019] CSOH 1 A local authority entered a contract to sell an area of land for regeneration.  Either party to the contract was entitled to withdraw from the sale if the purchasers failed t...

Cine-UK Limited v Union Square Developments Ltd [2019] CSOH 3 A landlord and tenant couldn’t agree revised rent due in terms of a rent review. An expert surveyor was appointed to determine the issue in accordance with the provisions of the lea...

At the end of last year the High Court was asked to decide the proper meaning of a rent deposit deed relating to a deposit of over £2 million. The deposit allowed the landlord security for, amongst others, "any proper loss which the landlord m...

Shirley Ann Thorpe v (1) Harald Nobert Frank (2) Lesley Frank [2019] EWCA Civ 150 The Court of Appeal has recently found that by paving an area an individual had done enough to establish that she had acquired the land by adverse possession. The Clai...

Robert James Oakley, Carolyn Oakley, Jonathan Mark Page, Union Pension Trustees Limited, Morgan Lloyd Trustees Limited v Harper McKay Developments Limited [2018] EWHC 3405 (Ch) The Court recently had to consider whether claimant sellers were entitle...

Churston Golf Club Ltd v Richard Haddock [2019] EWCA Civ 544 The Court of Appeal has overturned both the High Court and earlier County Court decisions and found that a covenant to fence should not be treated as a fencing easement capable of binding ...

Warwickshire Aviation Ltd & 6 Ors v Littler Investments Ltd [2019] EWHC 633 Tenants of an airfield recently failed in their appeal to the High Court to show that their landlord wasn’t able to oppose new leases being granted to them pursuan...

(1) Giles Duncan Fearn (2) Gerald Kraftman (3) Ian Mcfadyen (4) Helen Claire McFadyen (5) Lindsay Urquart –v- The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) The High Court has dismissed a claim by residents of luxury glass-fron...

Wells v Devani [2019] UKSC 4 Earlier this year the Supreme Court unanimously decided that the claimant, Devani, an estate agent and the defendant, Wells, a property developer had entered into a binding oral contract. The parties were introduced by a...

(1) SHB Realisations Ltd and (2) GB Europe Management Service Ltd v (1) Cribbs Mall Nominee (1) Ltd and (2) Cribbs Mall Nominee (2) Ltd. The County Court recently considered a claim for relief from forfeiture involving premises previously occupied b...

Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 By a majority 3:2 decision, the Supreme Court has overturned the decision of the Court of Appeal in the case of Telereal Trillium v Hewitt (Valuation Officer) [2018] EWCA Civ 26. The case...

Alexander Kuznetsov v Camden London Borough Council [2019] EWHC 805 (Ch) In an application for relief from sanctions, the Claimant tenant, Kuznetsov, persuaded the High Court that it had a real prospect of establishing at trial that a letter between...

Ury Estate Limited v BP Exploration Operating Company Limited [2019] CSOH 36 A landowner raised a court action against BP seeking compensation for their inability to develop land due to a presence of an oil pipeline.  The proposed development w...

Co-operative Group Food Ltd v A & A Shah Properties Ltd [2019] EWHC 941 (Ch) A recent case saw the court wrestle with the difficulties sometimes encountered with guarantee provisions and the way in which they are drafted. The landlord A & A ...

Windsor-Clive v Rees [2019] EWHC 1008 (Ch) In considering the scope of a landlord’s reserved right to enter premises let to their tenant “for all reasonable purposes”, the High Court has held that the right to do so must be...

Seafood Shack Ltd v Alan Darlow [2019] EWHC 1567 (Ch) A lease of restaurant premises was granted to a company that did not exist; there was no legal basis for correcting the lease, and the similarly-named company claiming rights was held to have non...

Pezaro & Anor v Bourne & Anor [2019] EWHC 1964 (Ch) The High Court has held that a right of way was not extinguished where a landowner had relied on an oral agreement made with the previous owner of the land which benefited from the right of...

This morning we’re going back to John chapter 3, so open your Bible,