‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’
Local Government Lawyer, 9th October 2018
Source: www.localgovernmentlawyer.co.uk
‘Wokingham Borough Council has successfully defended a High Court challenge to its decision to refuse to register land as a new town or village green.’
Local Government Lawyer, 5th October 2018
Source: www.localgovernmentlawyer.co.uk
‘Property fraudsters could be stopped in their tracks by technical fixes of the law, according to the Law Commission. The independent legal body say HM Land Registry has had to fork out close to £60million in indemnity payments because of fraud over the past decade. As a result, it’s recommending measures to help prevent fraud from taking place in registered land, alongside wider technical changes to the law which will make conveyancing “faster, easier and cheaper for everyone”.’
Law Commission, 24th July 2018
Source: www.lawcom.gov.uk/
‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’
Local Government Law, 16th May 2018
Source: local-government-law.11kbw.com
‘The first digital mortgage deed was entered into the Land Register today following collaboration and testing with Coventry Building Society and Enact Conveyancing.’
Legal Futures, 5th April 2018
Source: www.legalfutures.co.uk
‘Cheshire East Council has confirmed that it referred two matters to the police last month, including one which relates to the acquisition of land.’
Local Government Lawyer, 8th March 2018
Source: www.localgovernmentlawyer.co.uk
‘Businesses based outside of the UK will have to disclose details about their ultimate owners when buying property in the country, under plans to be taken forward by the UK government.’
OUT-LAW.com, 22nd January 2018
Source: www.out-law.com
‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.’
Family Law Week, 13th December 2017
Source: www.familylawweek.co.uk
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’
Tanfield Chambers, 4th August 2017
Source: www.tanfieldchambers.co.uk
‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’
Falcon Chambers, June 2017
Source: www.falcon-chambers.com
‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’
Legal Futures, 26th April 2017
Source: www.legalfutures.co.uk
Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16
Newsletter (PDF)
Falcon Chambers, Winter 2017
Source: www.falcon-chambers.com
‘Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service.’
Nearly Legal, 13th February 2017
Source: www.nearlylegal.co.uk
‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’
Law Society’s Gazette, 6th February 2017
Source: www.lawgazette.co.uk
‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’
OUT-LAW.com, 7th November 2016
Source: www.out-law.com
‘A county council has successfully defended in the High Court its decision to register 14 acres as a town and village green (TVG).’
Local Government Lawyer, 31st October 2016
Source: www.localgovernmentlawyer.co.uk
‘A ‘notice to quit’ served on a tenant farmer by the new owner of the land was invalid, as the new owner had given notice before its ownership was properly registered with the Land Registry, the High Court has ruled.’
OUT-LAW.com, 10th October 2016
Source: www.out-law.com
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