Regina (Best) v Chief Land Registrar [2014] EWHC 1370 (Admin); [2014] WLR (D) 211
‘The criminalisation of people who were trespassers through living in a relevant residential building by pursuant to section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had not prevented time running for applications for registration of title by adverse possession.’
WLR Daily, 7th May 2014
Source: www.iclr.co.uk
Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207
‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’
New Square Chambers, 7th February 2014
Source: www.newsquarechambers.co.uk
‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’
OUT-LAW.com, 7th February 2014
Source: www.out-law.com
Supreme Court, 5th February 2014
‘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
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