One of the most fascinating aspects of property law is the concept of legal precedent. The cases launched by commercial property solicitors and the decisions found in these cases affect every case that comes after this.
As a result of this, to understand property law in the United Kingdom, you need to look back at the cases that shaped it. Here are just a few of the most notable.
What Is A Lease?
When entering into an agreement with someone, the substance of the agreement matters far more than its name, and this concept became enshrined in law with Street vs Mountford.
Mrs Mountford signed a “license” agreement to occupy two rooms in solicitor Mr Street’s property with a written agreement stating it was not a tenancy and that the Rent Act 1977 didn’t apply.
However, despite the intention being different on the contract, the House of Lords ruled that Mrs Mountford had a lease because there was rent, a certain term and exclusive possession of the rooms.
As tenants have great protection from eviction, this case has become very important in the world of property law.
The First Modern Property Case
One of the most important property rights cases is one of the very first, and a case that establishes a modern understanding of private property.
In 1788, England was changing in terms of property rights, as there was a growing conflict between landowners and the poor who lived in Timworth, Suffolk, over the historical practice of gleaning.
Gleaning, or the collection of leftover crops from farmers fields after they have been harvested, is a vestigial right derived from biblical law.
In 1787, Mary Houghton was sued by landowner James Steel for trespassing and the case, that ruled in favour of Mr Steel, became the earliest precedent for the absolute right to property.
Making Promises You Can Keep
A case that will likely see newfound interest given the current circumstances, Central London Property Trust gave High Trees Housing a lease over a block of flats, with a ground rent cost of £2,500 per year.
However, when the Blitz hit London and people evacuated, the rent was halved during the war, but when people returned after VE Day, CLPT wanted to not only return the rent to the standard amount but reclaim back rent for the four years that the rent had been halved.
The courts ruled in favour of High Trees, citing promissory estoppel for the first time in property law, a legal principle that a promise can be enforced by law and that you cannot go back on your word.