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3 Cards in this Set
- Front
- Back
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Lyus v Prowsa developments |
couple buy a new estate being built. contract is signed but developer goes bust. Bank exercises under mortgage its right of sale and sells to another developer. bank stresses to developer the existence of contract and he agrees to stick to it. second developer goes bust. 3rd developer is brought in and successfully completes project (agreeing to contract). By the time the property is built, it costs twice as much as originally anticipated. He tries to charge the couple the extra amount. They tried to establish a proprietary claim such that it was protected by the terms of the contract. Single judge said express agreement when with the land so was happy to establish a constructive trust. |
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Chaudhary v Yavuz |
Building in London. Shops underneath and flats on top. Amongst the buildings was a staircase, giving access to flats. Both parties used the staircase. But that means the tenants couldn't access the flats. Yavuz argued that the continued use and he fact the owner was aware of the staircase requirements meant he bought the properties subject to the interest. CA denied claim on the bases that the claimant was trying to establish an unregistered easement. |
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