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Abbey National Building Society v Cann

Abbey National Building Society v Cann [1990] UKHL 3 is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest. Facts George Cann lived with his mother, Daisy, in Island Road, Mitcham. She had contributed to the purchase price, and so George held the house on trust for himself and her, even though it was solely registered in her name. They moved to a smaller house that cost £4000 more in South Lodge Avenue. To buy it they used the proceeds of selling the Island Road home and got a mortgage from the Abbey National. Daisy knew this was necessary. She did not know that George had also taken another mortgage for £25,000. La...
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Esso petroleum v Harper's Garage(1968)

Esso Petroleum Co Ltd -v- Harpers Garage The defendant ran two garages under solus agreements with the plaintiffs who complained when the defendants began to purchase petrol from cheaper alternative sources. The House was asked whether the solus agreements were be regarded in law as an agreement in restraint of trade. Held: An agreement in restraint of trade is not generally unlawful if the parties choose to abide by it: it is only unenforceable if a party chooses not to abide by it. It was necessary to ascertain the legitimate interests of the landlords which they were entitled to protect and to discover whether those restraints exceeded what was adequate for that purpose. Lord Hodson said: ‘When one remembers that the basis of the doctrine of restraint of trade is the protection of the public interest, it is not difficult to see how the law developed in its conception of reasonableness as the test which must be passed in order to save a contract in restraint of trade from unenfo...
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Wheeldon v Burrows(easement case)

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...
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