Landmark Land cases

House of Lords sets strict test for claiming beneficial interest in property

Lease terms must be certain in duration to create valid leases.

Cohabiting partner denied property share despite 19-year relationship and domestic contributions

House of Lords confirms positive covenants cannot bind successor landowners

Uncertain terms granted to individuals take effect as 90-year tenancies under s.149(6) LPA 1925.

Restrictive covenants can bind future landowners in equity despite lack of privity

Joint tenancy can be severed by act of party, mutual agreement, or course of dealing.

Imperfect gift of land perfected by donee's detrimental reliance and improvements

Easements must benefit land itself, not just provide personal commercial advantage

Easements can exist for commercial purposes, including advertising signs on neighbouring property.

Implied easements automatically pass when landowner sells part of property

Equity treats valid lease agreements as if leases already granted

Burden of positive covenants cannot run with freehold land at law or equity

Burden of restrictive covenant cannot run to bind third parties not original covenantor

A mortgage term postponing redemption is valid if not oppressive or unconscionable

Easements can be created by implied grant following landlord's permission to tenant.

Court rejects easement claim for vehicle storage as too extensive

Court of Appeal establishes four essential characteristics test for easements

A tenant cannot disclaim part of demised premises while retaining the remainder.

Cannot take benefit of deed without accepting corresponding burdens - mutual benefit and burden

Easements can be implied by necessity for reasonable enjoyment of property.

Property rights require definiteness, identifiability, and third-party enforceability to constitute proprietary interests.

Son who built on father's land acquired equitable interest through proprietary estoppel

Courts can strike down unconscionable mortgage terms beyond traditional penalty clauses

Matrimonial property governed by ordinary property law, not special family asset doctrine

Beneficial interests in family homes require financial contributions or clear common intention

Easements acquired by prescription require use 'as of right' not actual right

Mortgagees must take reasonable care to obtain proper market value when selling

Proprietary estoppel creates enforceable rights where assurance induces detrimental reliance on property

Adverse possession requires both factual possession and clear intention to possess land.

Proprietary estoppel can grant full ownership where reliance and detriment are sufficiently substantial.

Section 78 LPA 1925 automatically annexes covenant benefits to land

Wife's home rights trump bank's mortgage despite husband's sole legal ownership

Mortgagee must give reasonable notice before sale of mortgaged property

House of Lords creates definitive test for lease versus licence distinction

Inquiry notice does not arise from mere occupation where occupier's equitable interest is consistent with mortgage

Express joint tenancy declaration cannot be severed by conduct alone without written evidence.

Beneficiaries' occupation rights cannot override trustees' statutory sale powers

Contractual licences are generally personal rights that cannot bind third party purchasers of land.

Courts will disregard artificial contractual terms that do not reflect the reality of occupation.

Adverse possession can succeed even when possessor knows they lack legal right.

House of Lords pierces sham separate agreements to find joint tenancy

Children's interests relevant but don't trump creditors' rights in family home sales

House of Lords rules no gap in time between property purchase and mortgage creation

One joint tenant can end periodic tenancy without other's consent

House of Lords rules leases must have certain duration to be valid

Mortgagee must obtain true market value but needn't delay for best possible price

Courts should consider entire mortgage term when granting possession adjournments to mortgagors

Contractual purchasers in actual occupation can claim overriding interests under Land Registration Act 1925.

Proprietary estoppel may fail where equity has been satisfied by acquiescence