Michael Lower's Blog

My article ‘Bruton v London & Quadrant Housing Trust: Opening Pandora’s Box’ has just appeared in King’s Law Journal ((2011) 22(3) King’s Law Journal 403 – 413) – click here to go to the Journal’s web-page). The article considers the possible legal bases for the House of Lords decision in this case. Lord Neuberger has recently stated that relativity of title supplies the explanation (Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52, para. 65). London & Quadrant’s possession could be seen as giving them a relative title out of which to carve a lease. Similarly, Mr. Bruton’s own possession could be seen as conferring relative title. This explanation would allow the outcome to be compatible with the traditional idea that the lease is always an estate in land. I argue, however, that Lord Hoffman was careful to reject the idea that Mr. Bruton had any title at all (relative or otherwise).