This case concerned the dispute over possession of commercial property and the related monetary claims. The appellants, whom were among the defendants in the original trial against Croydon Estates Ltd, claimed that the Judge had mischaracterised payments made by the appellants and as such misdirected himself in his judgment. The Judge at the High Court considered whether there was an error in judgment from the lower court that would allow for an appeal to progress. The appellants failed to prove their case.
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Restrictive Covenants
On an application for modification of a restrictive covenant, it was agreed that the restriction limiting the use of land to a paddock, garden land or horticultural nursery secured no practical benefits and the modification would cause the objector no injury. However, the objector sought compensation to make up for the effect of the restriction in reducing the consideration received when it was imposed. The Tribunal granted the modification without any compensation.
read moreRent Review Dispute Resolution – Part 5
Terror, Firma
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Business Lease Renewal
The High Court considered whether section 30(1)(g) of the Landlord and Tenant Act 1954 should be given effect in a way which is compatible with the European Convention on Human Rights, thereby preventing a landlord who is intending to carry on the same type of business as the tenant from recovering possession and appropriating the tenant’s goodwill.
read moreBoundaries
A boundary demarcation agreement, the purpose of which is to define a previously unclear or uncertain boundary, requires no formalities, even if it involves transferring trivial amounts of land. Such an agreement binds the parties and their successors in title, irrespective of knowledge.
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