Commercial Property Updates from March 2024

Scope of jurisdiction to modify restrictive covenants

Blackhorse Investments (Borough) Ltd v Southwark London Borough Council [2024] UKUT 33 (LC)

There is no jurisdiction under s.84, Law of Property Act 1925 to modify covenants which are positive in nature, nor restrictions which do not relate to alterations or user.

Requesting landlord’s consent to alterations

Messenex Property Investment Ltd v Lanark Square Ltd [2024] EWHC 89 (Ch)

Consideration given as to what constitutes an application for landlord’s consent to alterations.

Beneficial ownership of commercial property

Williams v Williams and others [2024] EWCA Civ 42

As regards jointly-owned commercial property, if there is no documentation of the beneficial ownership, the starting-point is a presumption of beneficial tenancy-in-common.

Auction sale – misrepresentation

Co Mayo Estates Ltd v Hidden Gem Ltd [2024] EWHC 401 (KB)

Seller succeeds in recovering unpaid amount of deposits; defaulting buyer’s counterclaim for misrepresentation is defeated on the facts.

Adverse possession – belief of possessor

Larman v the Estate of Gerald Ernest Linzell [2024] UKUT 57 (LC)

An adverse posser’s belief that land was included within his ownership was held to be reasonable, so that he was entitled to be registered as proprietor.

Learning Objectives:

To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.