‘The Supreme Court has used “pure grammar” to clarify the law relating to adverse possession. Nick McKnight considers the ruling.’
Local Government Lawyer, 21st March 2025
Source: www.localgovernmentlawyer.co.uk
‘In a leapfrog appeal from the Upper Tribunal (Lands Chamber) the Supreme Court decided the question of how quickly an application, to be registered as the proprietor of a registered estate in land by way of adverse possession, needs to be made by a squatter, following their realisation that they do not in fact own the land which they have been possessing.’
Local Government Lawyer, 21st March 2025
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession of land adjoining the applicant’s land.’
Nearly Legal, 2nd March 2025
Source: nearlylegal.co.uk
‘Tenants of flats were given the right to have a manager appointed, to take over the landlord’s management of the building in which the flats were situated, in the Landlord and Tenant Act 1987 but only if they could prove fault on the part of the landlord or managing agents. In order to make it easier for the tenants to wrest control of the management of the building from their landlord, the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) gave the tenants of flats the right to have the management of the building transferred to a company controlled by them as of right, without having to prove any default on the part of the landlord.’
Tanfield Chambers, 24th January 2025
Source: tanfieldchambers.co.uk
‘Chapter 1 of Part 2 of the Land Registration Act 2002 (“the Act”) is entitled “First Registration”, and section 3 applies to any unregistered estate in land (section 3(1)(a)). Subject to certain exceptions, a person may apply pursuant to section 3(2)(a) to the registrar to be registered as the proprietor of a legal estate to which section 3 applies if the estate is vested in that person.’
Tanfield Chambers, 31st January 2025
Source: tanfieldchambers.co.uk
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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