Summary The meaning given to "adverse possession" in JA Pye (Oxford) Ltd v Graham (2002) UKHL 30, (2003) 1 AC 419 was of general application to actions for the recovery of land, including land that was mortgaged, such that the failure of a mortgagee bank to enforce its right to possession of a property occupied...

Summary A supplemental deed limiting the liability of an assignee of an underlease to partnership assets related only to the assets against which recourse could be had by the tenant in the event of default and did not operate to alter the terms of the relationship between the tenant and...

Summary Where a company's members had not understood the relevant facts concerning the concept of rights issues and business property relief, the Duomatic principle could not be applied so as to give the character of a rights issue to what was expressed as a share subscription. Facts The appellants (V),...

Summary The phrase "designed or adapted for living in" in the Leasehold Reform Act 1967 s.2(1) required the court to consider the property as initially built and the purpose for which it was originally designed, and to consider whether any work had subsequently been done so that the original design had...

Summary Loan notes that contained a currency conversion option did not amount to qualifying corporate bonds within the meaning of the Taxation of Chargeable Gains Act 1992 s.117, despite the fact that the option had lapsed. Facts The appellant taxpayer (H) appealed against the decision of the court that loan notes...

Summary In determining the freehold value of a property subject to a lease enfranchisement it was appropriate to have regard to, as suitable comparables, both the value of a cleared site and that of a standing house in the locality. Facts The appellant tenant (T) appealed against a valuation of...

Summary It was a matter of fact and degree whether a proposed development came within the scope of a clause granting access for "rebuilding or renewal". Where comparison of a claimant's existing buildings with its proposed development demonstrated that the latter was not just a "rebuilding or renewal", and where...

Summary Where a former owner of a property alleged that the property had been fraudulently transferred to a party that had been registered as the proprietor, rectification of the land register would not be ordered against a subsequent chargee, as the chargee was entitled to take the register at face...

Summary A surveyor's mineral exhaustion certificate certifying that the minerals on the land were not economically recoverable was issued on a mistaken basis, because he had misconstrued what was meant by "the minerals", and that error vitiated the certificate. Facts The appellant tenant (S) appealed against a decision that a...