Property Law

Property Law

Site generally
1. A person cannot sue if his successor failed to do so
  1. Delaware mansions v. Westminster CC
    1. Although the HL expressed disagreement with these principles
2. The work must match those on the planning drawings
  1. Royal Brompton Hospital v Hammond
3. Right of trespass
  1. Access to Neighbouring Land Act 1992
4. Temporary licence to trip trees was lawful to remove visitors
  1. Dutton v. Manchester Airport
  2. Note this cannot lawfully be done unless planning permission is granted
    1. Countryside Residential v Tugwell
Transforming things into land
1. Materials incorporated into the works
  1. Owned by the occupier
    1. Holland v Hodgson
  2. If SC not been paid, during insolvency of the Employer, may only be a creditor
    1. Peoples Park Chinatown v. Schindlers Lifts
2. Sales of Goods Act 1979
  1. Same result - title passes upon delivery of goods/material, if not before
3. Rompala clause - Retention of title
  1. May assist where materials are not yet incorporated
    1. Might still be defeated by the SoGA 1979
Neighbour risk
1. May seek damages for invasion of property rights
  1. Ocean Leisure v. Westminster City Council
2. Two types of risks
  1. Type 1 - Complaints about impacts during construction
  2. Type 2 - Complaints about what is being constructed
  3. Hunter v Canary Wharf
    1. HoL took a narrow view of the Private Nuisance principle
Private law background
1. Easements and restrictive covenants
  1. Incumbrences on land
  2. Easements can arise out of grant, or by prescription
    1. Cant exists as a right to light, or view
  3. Covenants can only originate with a promise in a deed
    1. Convert a benefit for the original covanantee - on the burdened land
    2. Courts will impose demolition if a developer breaches a covenant or right of light
      1. Mortimer v Bailey
2. Rylands v Fletcher rule
  1. Cambridge Water v Eastern Counties Leather
3. Two primary tactics for avoiding issues
  1. Pre-construction negotiation
  2. Pre-construction legal proceedings
    1. Upper Tribunal - Law of Property Act 1925
Worst case scenario
1. Self Help
  1. Right to abatement - to remove lawfully things invading their land
    1. Also has right to security for compensation purposes
2. Injunction or damages
  1. Four part test for damages
    1. Shelfer v City of London Electric
  2. Woolerton wilson v Costain
    1. Although, this principle was not followed
      1. Trenberth v National Westminster Bank
        Principle followed in Brewhouse developments v Berkeley House
  3. There can be a economic balance
    1. Burton v Winters
Damage
1. Usually cost of damage or difference between value of house
2. Tort may not be limited to damages
  1. Injunction
3. Note the limitation period
Two distinct versions of potential liability
1. Rylands and Fletcher rule
2. Diminishing supprort
  1. Holback Hall v Scarborough Council

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	Created by petersolomon3 almost 11 years ago