Notes on a scandal: freeholders & medieval robber barons (Pt 2)

04 April 2019 / Rawdon Crozier

Issue: 7835 / Categories: Features , Property

Summing up his series on the unfairness of escalating ground rent, Rawdon Crozier proposes a way out of the dungeon

Could the Housing Act Trap render escalating ground rent a derogation from grant?

Part 1 of this speculative article explained the Housing Act Trap. Part 2 explores whether the trap might render escalating ground rent a derogation from grant and thus, as a matter of law, capable of being struck down.

Rule of law

Megarry & Wade (Law of Real Property, 5th edition) described derogation from grant as a free-standing and independent rule of law, an analysis endorsed by the Court of Appeal in Johnston & Sons Ltd v Holland [1988] 1 EGLR 264. It applies to all forms of grant and, while commonly associated with leases and other contracts relating to land, it is also encountered in contracts concerning:

Intellectual property, eg Gloucester Place Music Ltd v Le Bon [2016] EWHC 3091 (Ch) where the serving of notices by members of

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Notes on a scandal: freeholders & medieval robber barons (Pt 2)

Summing up his series on the unfairness of escalating ground rent, Rawdon Crozier proposes a way out of the dungeon

Could the Housing Act Trap render escalating ground rent a derogation from grant?

Rule of law

Intellectual property, eg Gloucester Place Music Ltd v Le Bon [2016] EWHC 3091 (Ch) where the serving of notices by members of

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Notes on a scandal: freeholders & medieval robber barons (Pt 2)

Rule of law

Rule of law

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan