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Land Law > Cases > Flashcards

Cases Flashcards

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1
Q

No equitable mortgage by disposition of title deeds alone

A

Bank of Kuwait v Sahib

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2
Q

No clog or fetter on the equity of redemption

A

Santley v Wilde

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3
Q

Right to redemption must not be illusionary

A

Fairclough v Swan

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4
Q

No unconscionable or oppressive bargains against the equity of redemption

A

Bookbinding v Marden

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5
Q

Mortgagee should obtain no collateral advantages against the equity of redemption

A

Noakes v Rice

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6
Q

Undue influence is complete defence and set aside a mortgage

A

Barclays v Obrien

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7
Q

Surety Rules to protect banks against undue influence

A

RBS v Etridge

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8
Q

Limitation period of 12 years for suing for capital amount

A

West Bromwich v Wilkinson

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9
Q

Mortgagee’s inherent right to possession, before the ink is dry

A

Four maids v Dudley Marsh

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10
Q

S36 AJA Paying arrears, pay any sums due was ‘the entire sum, if the mortgage stipulated such’

A

Halifax v Clarke

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11
Q

AJA, pay off arrears, Within a reasonable period can be the whole term of the mortgage

A

Cheltenham & Gloucester v Norgan

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12
Q

AJA, pay off arrears, likely to be able definition as a realistic prospect of repayment and evidence

A

First national bank v Syed

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13
Q

AJA, self-sale, reasonable period max 6-12 months

A

National & Provincial v Lloyds

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14
Q

AJA, self-sale, Likely to be able as a real prospect and some evidence of sale occurring

A

Target Homes v Clothier

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15
Q

Court’s inherent right to postpone, limited only where AJA fails, but unlikely

A

Birmingham v Count

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16
Q

Sale without first obtaining court order, permitted, but frowned upon can cause difficulty

A

Ropaigealach v Barclays

Horsham v Clark & Beech.

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17
Q

Mortgagee’s conduct on sale: Mortgagee is not a trustee of the power of sale for the mortgagor, nor are their actions tortious but must act in good faith

A

Silven v RBS

18
Q

Mortgagee’s conduct on sale: can sell when they like, no duty to wait for best price

A

Cuckmere brick v Mutual finance

19
Q

Mortgagee’s conduct on sale: cannot sell to themselves or an associate. Can be set aside

A

Corbett v Halifax

20
Q

Mortgagee’s conduct on sale: motivation must be to realise security

A

Meretz v ACP

21
Q

Power to direct a sale after repossession has occurred by the mortgagor as per s91(1) LPA

A

Palk v Mortgage services

22
Q

Actual occupation: ‘physical presence’

A

Hodgson v Marks

23
Q

Actual occupation to be given its ordinary meaning

A

Thompson v Foy

24
Q

Actual occupation: Manifest intention to return

A

Hogget v Hoggett

25
Q

Overreaching

A

Midland bank v Green

26
Q

Actual Occupation: overrides an interest unless overreached, had proper enquiries been done.

A

Williams & Glynn’s v Boland

27
Q

Leases; Certainty of term

A

Lace v Chantler

Mexfield v Berrisford

28
Q

Leases: Exclusive Possession - No tenancy unless the occupier enjoys exclusive possesion

A

Street v Mountford

29
Q

Leases: ‘At a rent’

A

Street v Mountford

30
Q

Licence: Licence makes an action lawful, which without it had been unlawful’

A

Thomas v Sorrell

31
Q

Bare licence, revolution permitting reasonable time

A

Robson v Hallett

32
Q

Contractual Licence revocable at will of licensor

A

Wood v Leadbitter

33
Q

Contractual licence: revocation can cause an action in contract

A

Hurst v picture theatres

34
Q

Exclusive Possession: joint occupancy with shared space is licence only

A

Appah v Parncliffe

35
Q

Exclusive Possession: landlord having a key is not a determinative factor to fail the test of exclusive possesion

A

Aslan v Murphy

36
Q

Exclusive Possession: Lack of intention to create legal relations, exclusive possession alone will not be enough

A

Facchini v Bryson

37
Q

Exclusive Possession: no longer relation: family arrangements

A

Cobb v Lane

38
Q

Exclusive possession: Lack of intention to create legal relation: act of generiosity

A

Marcroft v Smith

39
Q

Exclusive Occupation: Service occupancy to allow the better performance of their duties

A

Norris v Checksfield

40
Q

Exclusive Possession; service occupancy; sold separately to their employment - not to better perform their duties

A

Facchini v Bryson

Land Law (3 decks)

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