land registration – Current Awareness

Adverse possession – the time to believe? – Law Society’s Gazette

Posted October 4th, 2024 in adverse possession, appeals, land registration, news, statutory interpretation, time limits by sally

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

St Philips Barristers, 1st August 2024

Source: st-philips.com

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

The curious case of Brown v Ridley and Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 – Tanfield Chambers

Posted June 27th, 2024 in adverse possession, chambers articles, land registration, news by sally

‘Daniel Dovar considers the decision in Brown v Ridley [2024] UKUT 14 (LC) and the crucial nature of the timing of an application for adverse possession under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002.’

Tanfield Chambers, 30th May 2023

Source: www.tanfieldchambers.co.uk

Law firm fined £12,400 for not making good on undertakings – Legal Futures

Posted May 30th, 2024 in fines, land registration, law firms, mortgages, news, undertakings by tracey

‘A law firm in Nottingham that failed to perform undertakings it gave on two property transactions – allowing another party to register a charge on one of them – has been fined £12,400.’

Legal Futures, 29th May 2024

Source: www.legalfutures.co.uk

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

The Undecided Boundary – St Philips Barristers

Posted March 6th, 2024 in boundaries, chambers articles, land registration, news by sally

‘As land lawyers know, but neighbours often do not, the title plan for a registered title at HM Land Registry is (unless it states to the contrary) “general” (Section 60(1)(2) Land Registration Act 2002).’

St Philips Barristers, 22nd February 2024

Source: st-philips.com

The Levelling-up and Regeneration Act 2023 – Local Government Lawyer

Posted March 4th, 2024 in compulsory purchase, land registration, landlord & tenant, local government, news by tracey

‘Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).’

Local Government Lawyer, 29th March 2024

Source: www.localgovernmentlawyer.co.uk

‘As easy as 123’ – Section 123 of the Local Government Act 1972 considered in R (Cilldara) v West Northamptonshire Council [2023] EWHC 1675 (Admin) – Local Government Lawyer

Posted August 4th, 2023 in judicial review, land registration, local government, news, valuation by tracey

‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’

Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update: June 2023 – Local Government Lawyer

Posted July 7th, 2023 in adverse possession, appeals, housing, land registration, landlord & tenant, leases, local government, news by tracey

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Bank’s solicitor “may have owed duty of care” to third party – Legal Futures

Posted January 16th, 2023 in appeals, banking, conveyancing, duty of care, land registration, news, solicitors by tracey

‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’

Legal Futures, 16th January 2023

Source: www.legalfutures.co.uk

Churchyard access and prescriptive right of way: Hughes – Law & Religion UK

Posted August 10th, 2021 in easements, land registration, news, prescription, rights of way by sally

‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director – for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’

Law & Religion UK, 10th August 2021

Source: lawandreligionuk.com

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

Posted July 2nd, 2021 in appeals, chambers articles, land registration, local government, news, statutory interpretation, Supreme Court by sally

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

Posted June 9th, 2021 in boundaries, land registration, news, restrictive covenants, rights of way by sally

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk

Land Registry launches Digital Identity Standard for conveyancing process – Local Government Lawyer

Posted March 17th, 2021 in conveyancing, internet, land registration, news, standards by sally

‘HM Land Registry has launched its first Digital Identity Standard, which provides a step-by-step list of requirements for conveyancers’ use of digital services to verify their client’s identity securely and conveniently online.’

Local Government Lawyer, 15th March 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: T W Logistics Ltd v Essex County Council & another [2021] UKSC 4 – UKSC Blog

Posted March 2nd, 2021 in commons, harbours, land registration, news, Supreme Court by sally

‘In this post, Jessica Eaton, who is a trainee solicitor at CMS, comments on the unanimous decision handed down in February 2021 by the UK Supreme Court in the case of TW Logistics Ltd v Essex County Council and Anor [2021] UKSC 4.’

UKSC Blog, 2nd March 2021

Source: ukscblog.com

Solicitor failed to check whether jailed client wanted to sell property – Legal Futures

Posted February 24th, 2021 in disciplinary procedures, families, fines, imprisonment, land registration, news, prisons, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A veteran solicitor did not confirm that his imprisoned client had given instructions to transfer a £300,000 property to his mother, with the client claiming after it happened that he knew nothing about it, a tribunal has heard.’

Legal Futures, 24th February 2021

Source: www.legalfutures.co.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

Posted February 24th, 2021 in abuse of process, appeals, bereavement, claims management, disclosure, families, land registration, news by sally

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette

Posted February 16th, 2021 in commons, land registration, news, Supreme Court by sally

‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’

Law Society's Gazette, 15th February 2021

Source: www.lawgazette.co.uk

Law firm ordered to pay £1m for registration error – Legal Futures

Posted February 15th, 2021 in appeals, consent, damages, housing, inheritance tax, land registration, law firms, negligence, news, trusts by sally

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

1
2
3
4
5
6
7
»

Categories

Archives