When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? – New Square Chambers

Posted February 14th, 2014 in commons, land registration, news, rectification by sally

‘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.’

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New Square Chambers, 7th February 2014

Source: www.newsquarechambers.co.uk

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Supreme Court allows removal of incorrectly-registered land from village greens register despite delays – OUT-LAW.com

Posted February 7th, 2014 in commons, delay, land registration, news, rectification by tracey

‘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.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

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Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Supreme Court in key ruling on village greens and rectification – Local Government Lawyer

‘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.’

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Local Government Lawyer, 5th February 2014

Source: www.localgovernmentlawyer.co.uk

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Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

‘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.’

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Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

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Fracking fears as landowners lay claim to ancient rights – Daily Telegraph

Posted January 16th, 2014 in energy, housing, land registration, news by tracey

‘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.’

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Daily Teelgraph, 16th Janaury 2014

Source: www.telegraph.co.uk

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Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by tracey

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

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Watchdog bans rogue Land Registry and DVLA adverts – Daily Telegraph

Posted November 13th, 2013 in advertising, driving licences, internet, land registration, news by tracey

“Two more adverts have been banned as the ASA continues its battle with websites that give the impression of being ‘official.’ ”

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Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

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Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by tracey

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

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High Court allows invalid Bushfield Camp Village Green application to be retrospectively corrected after the deadline for application – OUT-LAW.com

Posted July 15th, 2013 in commons, land registration, news, planning, retrospectivity, time limits by sally

“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.”

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OUT-LAW.com, 12th July 2013

Source: www.out-law.com

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Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“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.”

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Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

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Growth and Infrastructure Act contains some welcome changes to village green regime, says expert – OUT-LAW.com

“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.”

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OUT-LAW.com, 1st May 2013

Source: www.out-law.com

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A tricky path – New Law Journal

“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.”

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New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

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Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by tracey

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

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Swan Housing Association Ltd v Gill – WLR Daily

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

 

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Yeates and another v Line and another – WLR Daily

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

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Cohabitation and Trusts of Land Update – Zenith Chambers

Posted July 3rd, 2012 in cohabitation, land registration, news, trusts by sally

“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

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Businesses will be able to challenge supermarkets’ potentially uncompetitive land use restrictions – OUT-LAW.com

Posted June 21st, 2012 in competition, land registration, news, restrictive covenants by sally

“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.”

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OUT-LAW.com, 20th June 2012

Source: www.out-law.com

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Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land by sally

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

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Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

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

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