Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Akrill
Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Akrill
- 2007
[2007] EWHC 2086 (Ch), 23 May 2007. Considers whether it is possible to rely upon proprietary estoppel to justify notices of registration against a landowner's registered title, for the purposes of property development. Also considers the extent of personal liability of company directors. The applicant company (A) sought the cancellation of notices registered by the first respondent company against registered titles to its development site. The defendant (W) alleged that A had entered into verbal contract to sell the land, which A denied. W claimed to have acted in detrimental reliance by making preparations for purchase of the land. "Held": The precise boundaries of proprietary estoppel law were uncertain. Additionally, W's claims were less than entirely credible and could not hold the weight that documentary evidence would have done. Summary judgment was given against W. It was declared that W had no interest in the site, and additionally that the notices of registration be cancelled. W was liable for any loss of value incurred by A. The facts disclosed a clear case of procurement by W's company director, Mr Akrill, sufficient to make him also liable for costs.
ANDERSON ANTIQUES (UK) LTD V ANDERSON WHARF (HULL) LTD AND AKRILL
LAND REGISTRATION ACT 2002 S77
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
YAXLEY V GOTTS
COBBE V YEOMAN'S ROW MANAGEMENT LTD
England and Wales--1543-
[2007] EWHC 2086 (Ch), 23 May 2007. Considers whether it is possible to rely upon proprietary estoppel to justify notices of registration against a landowner's registered title, for the purposes of property development. Also considers the extent of personal liability of company directors. The applicant company (A) sought the cancellation of notices registered by the first respondent company against registered titles to its development site. The defendant (W) alleged that A had entered into verbal contract to sell the land, which A denied. W claimed to have acted in detrimental reliance by making preparations for purchase of the land. "Held": The precise boundaries of proprietary estoppel law were uncertain. Additionally, W's claims were less than entirely credible and could not hold the weight that documentary evidence would have done. Summary judgment was given against W. It was declared that W had no interest in the site, and additionally that the notices of registration be cancelled. W was liable for any loss of value incurred by A. The facts disclosed a clear case of procurement by W's company director, Mr Akrill, sufficient to make him also liable for costs.
ANDERSON ANTIQUES (UK) LTD V ANDERSON WHARF (HULL) LTD AND AKRILL
LAND REGISTRATION ACT 2002 S77
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
YAXLEY V GOTTS
COBBE V YEOMAN'S ROW MANAGEMENT LTD
England and Wales--1543-