land law waga

Facts Mrs Chhokar was in hospital and undergoing child birth with Mr Chhokar’s second child in February 1979, when he sold 60 Clarence Street, Southall to Mr Parmar. It was in his name, but she had given money for its purchase and maintenance. He had already tried to abandon her in October 1978 on a trip to India but she had managed to return on her own, a few weeks after him. The buyer, who knew of the situation, tried to scare her away by smashing the windows and assaulting her. But she stayed put with her two children. Judgement High Court Ewbank J ordered that Mr Parmar held the property on trust for himself and Mrs Chhokar in equal shares, and that it be sold in 9 months. Till then, she should pay him a rent of £8 a week. She appealed, arguing she should stay rent free until a sale. Court of Appeal The Court of Appeal held the purpose of the trust was to give Mrs Chhokar and her children a home. There was no reason for an order for sale, having regard to the interest o...

Walsh v Lonsdale The Plaintiff [Walsh] entered an agreement to lease a property off the Defendant [Lonsdale]. The agreement was made, but there was no actual formal lease (ie, a deed), which means it is not a legal lease. The Plaintiff was behind on his rent and the Defendant tried to use his right to 'distress' (right of a landlord to take tenant's chattels if behind on rent). The Plaintiff is trying to get an injunction against the distress. Argument The Plaintiff argues that the lease was not properly signed and therefore the landlord does not have the right to distress. Judgment Equitable Leases An equitable lease arises where there is an agreement to lease in writing which does not abide by formal requirements (ie, not a deed). An equitable lease, where the court would grant specific performance on the agreement, should be respected as if it a legal lease. The lessee acquires an equitable interest in the property, and accordingly, the lessor acquires ...

Wheeldon v Burrows Easements; implied easements Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English property law case on the implying of grant easements. The case established one of the three current methods by which an easement can be acquired by implied grant, and has effectively been put into statutory force by Section 62 of the Law of Property Act 1925 of England. Facts Mr Allen owned a piece of land and a workshop in Derby, which had windows overlooking and receiving light from the first piece of land. He sold the workshop to Mr Wheeldon, and the piece of land to Mr Burrows. Mr Burrows built on the property, and it obstructed light into the workshop, which had only skylights. Judgement Thesiger LJ held that because the seller had not reserved the right of access of light to the windows, no such right passed to the purchaser of the workshop. So the buyer of the land could obstruct the workshop windows with building. He said the following.[1] “ We have had a considerable...