Property case law update: March 2011

Rosebery Limited v Rocklee Limited & Eaglestone – 20.1.11 – unreported – Mr N Strauss QC
Leases – Ownership of airspace above roof or roof terraces – No presumption airspace demised for leases generally – Matter of construction – Relevance of subsequent conduct to construction of lease.

Stonham v Ramrattan & anr [2011] EWCA Civ 119 – 16.2.11
Matrimonial home –Sham transfer – Bankruptcy of transferor – s283A Insolvency Act 1986 – Commencement of Trustee’s time limit – Entitlement under void transaction – Property vested in a third party on date of bankruptcy not a part of the bankrupt’s estate on that date.

Manchester CC v Pinnock [2011] UKSC 6 – 9.2.11
Appeal against order for Possession – Abolition of tolerated trespassers – Demoted tenancy – Effect of dismissal of Appeal on defendant’s status – Application to vary date for delivery up under original order for possession SC power to set aside possession order and make a substitute order for possession.

Campbell & Campbell v Banks  [2011] EWCA Civ 61 – 1.2.11
Section 62 Law of Property Act 1925 – Two parcels of land formerly in common ownership – Easement claimed over one for benefit of the other – Occupied by different tenants when two parcels first separated – No evidence of actual enjoyment of the “right” by the dominant tenement at date separate titles created – s62 not operative in the absence of such evidence.

Knights Construction (March) Limited v Roberto Mac Limited & the Chief Land Registrar – Mr Marks, Adjudicator to HMLR – Ref 2009/1459 – 9.2.11
Rectification of the Register – Schedule 4 LRA 2003 – Meaning of “correcting a mistake” – Registered proprietor registered by mistake – Subsequent transactions by registered proprietor capable of rectification – Comprehensive review of authorities.

Case summaries by Michelle Stevens-Hoare