‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’
Local Government Lawyer, 5th February 2014
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’
Local Government Lawyer, 4th February 2014
Source: www.localgovernmentlawyer.co.uk
‘Fears that landowners could use ancient rights to allow fracking under people’s homes have been raised following the disclosure on Wednesday that more than 73,000 claims to manorial rights in England and Wales have been received by the Land Registry. The claims have resulted in thousands of home owners being sent letters informing them that landowners or institutions have the rights to mineral extraction under their property. This has raised fears the landowners could try to exercise those rights for mining or fracking.’
Daily Teelgraph, 16th Janaury 2014
Source: www.telegraph.co.uk
Nugent v Nugent: [2013] EWHC 4095 (Ch); [2013] WLR (D) 516
‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
“Two more adverts have been banned as the ASA continues its battle with websites that give the impression of being ‘official.’ ”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
Elwood v Goodman and others: [2013] EWCA Civ 1103; [2013] WLR (D) 342
“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”
WLR Daily, 4th September 2013
Source: www.iclr.co.uk
“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”
OUT-LAW.com, 12th July 2013
Source: www.out-law.com
“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”
Family Law Week, 16th May 2013
Source: www.familylawweek.co.uk
“A new law will make it harder for residents to use town and village green (TVG) laws to oppose the development of land, an expert has said.”
OUT-LAW.com, 1st May 2013
Source: www.out-law.com
“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
Parshall v Hackney: [2013] EWCA Civ 240; [2013] WLR (D) 124
“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”
WLR Daily, 26th March 2013
Source: www.iclr.co.uk
Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325
“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
“The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott [2011] UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.”
Full story (PDF)
Zenith Chambers, 27th June 2012
Source: www.zenithchambers.co.uk
“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”
OUT-LAW.com, 20th June 2012
Source: www.out-law.com
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“A group of villagers was yesterday left with a six-figure legal costs bill after losing a court battle with a retired banker who styled himself lord of the manor.”
Daily Telegraph, 18th April 2012
Source: www.telegraph.co.uk
“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”
Full story (PDF) see p. 2
New Square Chambers, January 2012
Source: www.newsquarechambers.co.uk
“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”
WLR Daily, 2nd December 2011
Source: www.iclr.co.uk
© Inner Temple Library 2024