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Rosen v Trustees of the Camden Charities

Series: Estates Gazette ; [2001] 10 EG 159, 159-163(5)Publication details: 2001Subject(s): Summary: CA 30 November 2000. Further to an agreement with the trustees in 1850, I built 29 houses. In October 1852, when house 25 was completed, I was granted a 66 and a half year lease of number 25. The successor in title to this lease (B) sought to acquire the freehold under a notice of claim by his predecessor, in accordance with the provisions of the Leasehold Reform Act 1967. On appeal the LT decided the erection of a house at number 25 was not an improvement under s9(1A) (d), and the 1850-52 building agreement did not amount to a tenancy in equity. The house should not be disregarded for the purposes of the s9(1A) valuation. B appealed. "Held". Appeal dismissed.
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Law report London Journal article ABS63737 (Browse shelf(Opens below)) 1 Available 111485-1001

CA 30 November 2000. Further to an agreement with the trustees in 1850, I built 29 houses. In October 1852, when house 25 was completed, I was granted a 66 and a half year lease of number 25. The successor in title to this lease (B) sought to acquire the freehold under a notice of claim by his predecessor, in accordance with the provisions of the Leasehold Reform Act 1967. On appeal the LT decided the erection of a house at number 25 was not an improvement under s9(1A) (d), and the 1850-52 building agreement did not amount to a tenancy in equity. The house should not be disregarded for the purposes of the s9(1A) valuation. B appealed. "Held". Appeal dismissed.