‘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
‘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
‘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
‘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
‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’
Local Government Lawyer, 12th February 2021
Source: www.localgovernmentlawyer.co.uk
‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’
UKSC Blog, 12th February 2021
Source: ukscblog.com
‘A Midlands firm which wrongly rated three property transactions as low risk has been fined £14,000 for breaching anti-money laundering rules.’
Law Society's Gazette, 24th November 2020
Source: www.lawgazette.co.uk
‘Two applicants have been told they cannot claim adverse possession of council-owned land which is not adjacent to their own.’
Local Government Lawyer, 30th July 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal in Dhillon v Barclays Bank Plc and the Chief Land Registrar [2020] EWCA Civ 619 has recently given judgment in an important case involving the rectification of the Land Register. It has given new guidance on the test of ‘exceptional circumstances’ in Schedule 4 of the Land Registration Act 2002. It has also repeated a warning to practitioners that pleadings should clearly identify the issues to be resolved.’
39 Essex Chambers, 1st July 2020
Source: www.39essex.com
‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’
Landmark Chambers, 1st June 2020
Source: www.landmarkchambers.co.uk
‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’
St Ives Chambers, May 2020
Source: www.stiveschambers.co.uk
‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’
Hardwicke Chambers, 3rd March 2020
Source: hardwicke.co.uk
‘Where a client owns or plans on owning a property jointly with someone else, there are a number of things that should be considered.’
Family Law, 11th March 2020
Source: www.familylaw.co.uk
‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’
Exchange Chambers, 28th January 2020
Source: www.exchangechambers.co.uk
‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’
Local Government Lawyer, 11th December 2019
Source: www.localgovernmentlawyer.co.uk
‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’
Wilberforce Chambers, 13th November 2019
Source: www.wilberforce.co.uk
‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’
Ropewalk Chambers, 7th November 2019
Source: www.ropewalk.co.uk
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