JS Bloor (Measham) Ltd v Calcott
JS Bloor (Measham) Ltd v Calcott
- 2002
- Estates Gazette Law Reports [2002] 09 EG 222-229(8) .
ChD 23 November 2001. In 1997 the claimant (B) a property development company acquired from W, another developer, 38 acres of agricultural land. Later in 1997 B's contractors entered the site and began building operations. Only then did B learn of C's claim to an agricultural tenancy. C applied for an injunction to restrain B from entering the site. The county court judge ordered C recover from B damages for trespass. Howeverm he found that C had been deceitful by avoiding signing the 1993 agreement and encouraging W to acting to its detriment by not ending the tenancy. Accordingly, he held that C was not entitled to any equitable relief, and he dismissed the claim for an injunction. B's counterclaim was also dismissed. On 20 June 2000 B served a notice to quite that effectively terminated any tenancy by C. In October 1997, B commenced present proceedings, seeking a declaration it could occupy the land and proceed with its development. B argued that a proprietary estoppel had arisen in its favour due to C's behaviour. C counterclaimed. "Held", the claim was allowed and counterclaim dismissed.
AGRICULTURAL HOLDINGS
PROPRIETARY ESTOPPEL
TRESPASS
AGRICULTURAL ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
PROPERTY-RURAL AND NATURAL ASSETS-AGRICULTURAL PROPERTY-AGRICULTURAL LAND
INJUNCTIVE RELIEF
RES JUDICATA
MEASURE OF DAMAGES
S BLOOR (MEASHAM) LTD V CALCOTT
ChD 23 November 2001. In 1997 the claimant (B) a property development company acquired from W, another developer, 38 acres of agricultural land. Later in 1997 B's contractors entered the site and began building operations. Only then did B learn of C's claim to an agricultural tenancy. C applied for an injunction to restrain B from entering the site. The county court judge ordered C recover from B damages for trespass. Howeverm he found that C had been deceitful by avoiding signing the 1993 agreement and encouraging W to acting to its detriment by not ending the tenancy. Accordingly, he held that C was not entitled to any equitable relief, and he dismissed the claim for an injunction. B's counterclaim was also dismissed. On 20 June 2000 B served a notice to quite that effectively terminated any tenancy by C. In October 1997, B commenced present proceedings, seeking a declaration it could occupy the land and proceed with its development. B argued that a proprietary estoppel had arisen in its favour due to C's behaviour. C counterclaimed. "Held", the claim was allowed and counterclaim dismissed.
AGRICULTURAL HOLDINGS
PROPRIETARY ESTOPPEL
TRESPASS
AGRICULTURAL ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
PROPERTY-RURAL AND NATURAL ASSETS-AGRICULTURAL PROPERTY-AGRICULTURAL LAND
INJUNCTIVE RELIEF
RES JUDICATA
MEASURE OF DAMAGES
S BLOOR (MEASHAM) LTD V CALCOTT