header-logo header-logo

Home Login E-newsletter About us
04 April 2019 / Rawdon Crozier
Issue: 7835 / Categories: Features , Property
printer mail-detail

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

© Copyright LexisNexis 2026. All Rights Reserved.

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 Duran Duran under the United States Copyright Act 1976
    • 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

    MOVERS & SHAKERS

    Read All
    Sponsored by
    Hogan Lovells—Lisa Quelch

    Hogan Lovells—Lisa Quelch

    Partner hire strengthens global infrastructure and energy financing practice

    Sherrards—Jan Kunstyr

    Sherrards—Jan Kunstyr

    Legal director bolsters international expertise in dispute resolution team

    Muckle LLP—Stacey Brown

    Muckle LLP—Stacey Brown

    Corporate governance and company law specialist joins the team

    NEWS
    Read All
    Legal notice: Notice under the Trustee Act 1925

    NOTICE UNDER THE TRUSTEE ACT 1925

    HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

    NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
    Emergency lawyers on call as international regulatory actions soar
    Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
    NLJ this week: Employment law’s fine margins
    From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
    NLJ this week: Promises broken on non-molestation orders?
    Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
    NLJ this week: Assisted dying under the legal microscope
    Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
    Copyright © 2026 LexisNexis
    back-to-top-scroll