Town and Village Greens – Local Government Law

Posted July 21st, 2016 in commons, land registration, local government, news by tracey

‘The importance of giving reasons for a decision to register land as a village or town green under Section 15 of the Commons Act 2006 has been emphasized by Gilbart J in R (NHS Property Services Ltd) v Surrey County Council (2016) EWHC 1715 (Admin), in which NHS Property Services Ltd (“NHS”) sought judicial review of a decision by the County Council to register a parcel of woodland (“the land”) as a village green. The case is also of importance in relation to the question whether there is a statutory incompatibility with registration.’

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Local Government Law, 20th July 2016

Source:  www.11kbw.com/blogs/local-government-law

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A judge by any other name would smell… much the same – Hardwicke Chambers

‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’

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Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

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Government pushes ahead with controversial Land Registry amid Brexit chaos – The Independent

Posted July 4th, 2016 in budgets, consultations, land registration, news, statistics by michael

‘The Land Registry cost almost £261m to run last year – but also generated £297m of revenue.’

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The Independent, 2nd July 2016

Source: www.independent.co.uk

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County council fails in challenge to village green registration near school – Local Government Lawyer

Posted June 6th, 2016 in commons, land registration, local government, news, planning by sally

‘A county council has failed in a High Court challenge to an inspector’s decision to register part of land near a primary school as a village green.’

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Local Government Lawyer, 6th June 2016

Source: www.localgovernmentlawyer.co.uk

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It has a “T” mark so I own the boundary – Park Square Barristers

Posted June 2nd, 2016 in boundaries, conveyancing, land registration, news by sally

‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:

1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’

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Park Square Barristers, 25th May 2016

Source: www.parksquarebarristers.co.uk

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Elderly couple who cut wealthy neighbour’s grass verge for 12 years given land in ‘squatters’ rights’ ruling as opponent faces £250,000 legal bill – Daily Telegraph

Posted May 26th, 2016 in adverse possession, appeals, costs, elderly, land registration, news by tracey

‘A couple who cut a grass verge outside their wealthy neighbour’s home for 12 years have been given the land by a judge in a “squatters’ rights” ruling following a lengthy court battle.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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Competition watchdog objects to Land Registry sell-off – The Guardian

Posted May 24th, 2016 in competition, consultations, data protection, land registration, news by sally

‘The competition watchdog has objected to government plans to privatise the Land Registry, warning that allowing a private firm to take possession of property ownership information could cause problems for other businesses.’

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The Guardian, 23rd May 2016

Source: www.guardian.co.uk

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Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’

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Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

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Adverse possession and control – Falcon Chambers

Posted April 14th, 2016 in adverse possession, land registration, news by sally

‘We like being in control. As lawyers, we want to be in control. What is more, sometimes the law requires our clients to be in control. And the law determines if a person is truly in control. In the legal context instances where control may be an issue include the control of companies and the control of vehicles. In the field of property, the concept of control rears its head in connection with adverse possession.’

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Falcon Chambers, March 2016

Source: www.falcon-chambers.com

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Land Registry owner must commit to delivering central Local Land Charges register – Local Government Lawyer

Posted April 1st, 2016 in consultations, land registration, news by sally

‘A new owner of the Land Registry would be expected to commit to making progress on delivering a central register of Local Land Charges, the Government has said as it launched a consultation on moving Land Registry operations into the private sector.’

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Local Government Lawyer, 31st March 2016

Source: www.localgovernmentlawyer.co.uk

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Strengthening the foundations of land ownership – Law Commission

Posted March 31st, 2016 in consultations, conveyancing, fraud, land registration, Law Commission, news by sally

‘The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. In a consultation opening on Thursday 31 March the Commission – the independent body that advises government on law reform – is asking how the Land Registration Act 2002 is working in practice and whether there are opportunities for the system to be clarified and updated.’

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Law Commission, 31st March 2016

Source: www.lawcom.gov.uk

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Land registration law up for review – Law Society’s Gazette

Posted March 31st, 2016 in consultations, conveyancing, fraud, land registration, Law Commission, news by sally

‘A new formula for determining which of two innocent parties of a land fraud should keep the property in question is among proposals for reform of the legal framework governing land registration in England and Wales to be published today.’

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Law Society’s Gazette, 31st March 2016

Source: www.lawgazette.co.uk

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Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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Parish council wins legal challenge over refusal to register land as village green – Local Government Lawyer

Posted March 22nd, 2016 in commons, land registration, local government, news by sally

‘A parish council has won a High Court challenge over a local authority’s refusal to register land in its area as a village green.’

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Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

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When is a boundary dispute not a boundary dispute? – Hardwicke Chambers

Posted February 23rd, 2016 in boundaries, land registration, news, tribunals by sally

‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’

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Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

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Appeal judges overturn Blakemores negligence claim strike-out and £635,000 costs judgment – Legal Futures

Posted October 9th, 2015 in appeals, costs, land registration, law firms, mistake, negligence, news, striking out by tracey

‘The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.’

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Legal Futures, 8th October 2015

Source: www.legalfutures.co.uk

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Appeal court reopens case against collapsed firm – Law Society’s Gazette

Posted October 8th, 2015 in appeals, damages, land registration, law firms, negligence, news by sally

‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’

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Law Society’s Gazette, 7th October 2015

Source: www.lawgazette.co.uk

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Liability of magistrates, coroners and quasi-judicial bodies for costs – Park Square Barristers

Posted September 4th, 2015 in commons, coroners, costs, land registration, magistrates, news, tribunals by sally

‘“Litigation is a hazardous and expensive business.”

Thus began the skeleton argument of my opponent in the Paddico case which I refer to below. He was (and remains) a leading counsel with a high reputation in the field of property work and he was, of course, correct.’

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Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

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Judge upholds challenge over town green and local authority land – Local Government Lawyer

Posted September 4th, 2015 in commons, judicial review, land registration, news by sally

‘A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.’

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Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

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Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by tracey

‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’

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Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

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