Land Registry launches Digital Identity Standard for conveyancing process – Local Government Lawyer

Posted March 17th, 2021 in conveyancing, internet, land registration, news, standards by sally

‘HM Land Registry has launched its first Digital Identity Standard, which provides a step-by-step list of requirements for conveyancers’ use of digital services to verify their client’s identity securely and conveniently online.’

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Local Government Lawyer, 15th March 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: T W Logistics Ltd v Essex County Council & another [2021] UKSC 4 – UKSC Blog

Posted March 2nd, 2021 in commons, harbours, land registration, news, Supreme Court by sally

‘In this post, Jessica Eaton, who is a trainee solicitor at CMS, comments on the unanimous decision handed down in February 2021 by the UK Supreme Court in the case of TW Logistics Ltd v Essex County Council and Anor [2021] UKSC 4.’

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UKSC Blog, 2nd March 2021

Source: ukscblog.com

Solicitor failed to check whether jailed client wanted to sell property – Legal Futures

‘A veteran solicitor did not confirm that his imprisoned client had given instructions to transfer a £300,000 property to his mother, with the client claiming after it happened that he knew nothing about it, a tribunal has heard.’

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Legal Futures, 24th February 2021

Source: www.legalfutures.co.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette

Posted February 16th, 2021 in commons, land registration, news, Supreme Court by sally

‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’

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Law Society's Gazette, 15th February 2021

Source: www.lawgazette.co.uk

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer

‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog

‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Firm fined £14,000 after missing ‘red flags’ on property work – Law Society’s Gazette

Posted November 26th, 2020 in conveyancing, fines, identification, land registration, law firms, news by tracey

‘A Midlands firm which wrongly rated three property transactions as low risk has been fined £14,000 for breaching anti-money laundering rules.’

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Law Society's Gazette, 24th November 2020

Source: www.lawgazette.co.uk

Upper Tribunal dismisses bid to claim adverse possession over land owned by city council – Local Government Lawyer

Posted July 30th, 2020 in adverse possession, land registration, local government, news by sally

‘Two applicants have been told they cannot claim adverse possession of council-owned land which is not adjacent to their own.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Rectification of the Land Register – 39 Essex Chambers

‘The Court of Appeal in Dhillon v Barclays Bank Plc and the Chief Land Registrar [2020] EWCA Civ 619 has recently given judgment in an important case involving the rectification of the Land Register. It has given new guidance on the test of ‘exceptional circumstances’ in Schedule 4 of the Land Registration Act 2002. It has also repeated a warning to practitioners that pleadings should clearly identify the issues to be resolved.’

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39 Essex Chambers, 1st July 2020

Source: www.39essex.com

Boundaries to registered leasehold property: the High Court reminds conveyancers why it is important to read the small print in HCP (Hendon) Ltd) v Chief Land Registrar – Landmark Chambers

Posted June 16th, 2020 in interpretation, judicial review, land registration, leases, news by sally

‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’

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Landmark Chambers, 1st June 2020

Source: www.landmarkchambers.co.uk

Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) – Tanfield Chambers

Posted May 29th, 2020 in assignment, debts, land registration, mortgages, news, repossession by sally

‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Adverse Possession by Diverting Rent: The Most Unfair Nonsense – Falcon Chambers

Posted April 24th, 2020 in adverse possession, chambers articles, land registration, news, rent by sally

‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

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Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Co-ownership and declarations of trust – Family Law

Posted March 12th, 2020 in land registration, news, trusts by tracey

‘Where a client owns or plans on owning a property jointly with someone else, there are a number of things that should be considered.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers

Posted February 6th, 2020 in commons, land registration, local government, news, Supreme Court by sally

‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’

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Exchange Chambers, 28th January 2020

Source: www.exchangechambers.co.uk

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Interpreting property contracts: Some “special” principles – Wilberforce Chambers

Posted November 26th, 2019 in contracts, conveyancing, interpretation, land registration, news by sally

‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’

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Wilberforce Chambers, 13th November 2019

Source: www.wilberforce.co.uk