LAND LAW

Land Law

Land Law

Research Record

A Property Anthology, Second Edition (1997)

Richard H. Chused, Professor of Law, Georgetown University Law Center

Availability: In Stock Publisher :Anderson PublishingFormat: softcover; 625 pp. , BOOK ISBN: 97808708473561997

Real Estate Handbook: Land Laws of Alabama, Eighth Edition

Availability: In Stock Publisher :LexisNexisFormat: Casebound, with annual pocketpart supplement , BOOK ISBN: 97808205745542006

Teo, Keang Sood (01/01/2005). "Land Law". Singapore Academy of Law annual review of Singapore cases (0219-6638), (annual review 2005), p. 387.

Case Laws

Bernstein of Leigh (Baron) v Skyviews & General Limited (1978) QB 479

Botham v TSB Bank plc (1996) 73 P & CR D1

Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd (1971) 124 CLR 73

Case of Mines (1568) 1 Plowd 310 at 336, 75 ER 472

Deen v Andrews (1986) 1 EGLR 262

Holland v Hodgson (1872) LR 7 CP 328

Macht v Department of Assets of Baltimore City, 296 A2d 162 (1972)

Mitchell v Mosley (1914) 1 Ch 438

Re Trizec Manitoba Ltd and City Assessor for the City of Winnipeg (1986) 25 DLR (4th) 444

Reilly v Booth (1890) 44 Ch D 12

Stack v T Eaton Co (1902) 4 OLR 335

Wiltshear v Cottrell (1853) 1 E & B 674

Analysis

(a) Referring to the scenario Mr. and Mrs. Williams should know that "Apart from the question of common law nuisance there is no harm if the covenant does quiet enjoyment that is that the tenant may use the premises without interference by the landlord of those claiming under him. The considered use for the initial landlord allow flat 7 to the first defendant was one which interfered with the quiet enjoyment of the plaintiff's flat. Consequently that landlord was, in my attitude, in break of the covenant of quiet enjoyment. The right of a purchaser, or lessee, not to have his correct use and pleasure fettered or considerably cut off by any proceed of the vendor, or lessor, or any lawful proceed of somebody rightfully asserting under or in trust for the vendor, or lessor.

A landlord who covenants to give quiet enjoyment undertakes that during the tenancy he will not interfere in a substantial or serious manner with the interest for possession and enjoyment of the demised premises. The right of quiet pleasure refers in the major to such affairs as denial of a right of ownership or sensible pleasure, rather than to noise or physical disturbance as inferred by the phrase. On the other hand, such interference may arise even if there is no direct interference with the physical possession or enjoyment (Kenny v Preen [1963] 1 QB 499, [1962] 3 All ER 814 (CA); Manzaro v. McCann, 401 Mass 880, 519 NE.2d 1337, 1341 (1988)). A landlord should not, for demonstration, subject a tenant to persistent intimidation, threats of personal eviction, constantly obstruct get access to the premises, slash off or persistently cut off the utility provide, or otherwise avert a tenant from peacefully using the premises for the reason for which they were let. A breach of the covenant for calm pleasure does not arise only from a provisional inconvenience which does not interfere ...