First digital mortgage added to Land Register as blockchain conveyancer adopts AI – Legal Futures

‘The first digital mortgage deed was entered into the Land Register today following collaboration and testing with Coventry Building Society and Enact Conveyancing.’

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Legal Futures, 5th April 2018

Source: www.legalfutures.co.uk

Council makes two more referrals to police including one over land acquisition – Local Government Lawyer

Posted March 12th, 2018 in crime, land registration, local government, news, police by sally

‘Cheshire East Council has confirmed that it referred two matters to the police last month, including one which relates to the acquisition of land.’

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Local Government Lawyer, 8th March 2018

Source: www.localgovernmentlawyer.co.uk

New UK property register to help curb money laundering – OUT-LAW.com

Posted January 23rd, 2018 in corruption, land registration, money laundering, news by sally

‘Businesses based outside of the UK will have to disclose details about their ultimate owners when buying property in the country, under plans to be taken forward by the UK government.’

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OUT-LAW.com, 22nd January 2018

Source: www.out-law.com

Bitcoin, blockchain and smart contracts: consequences for family law in the not too distant future – Family Law Week

Posted December 20th, 2017 in electronic filing, financial provision, land registration, news by tracey

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.’

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Family Law Week, 13th December 2017

Source: www.familylawweek.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 23rd, 2017 in land registration, limitations, news, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

In what circumstances can a court alter or rectify the land register where there has been a “mistake”? – Tanfield Chambers

Posted August 22nd, 2017 in appeals, land registration, mistake, mortgages, news, rectification by sally

‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’

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Tanfield Chambers, 4th August 2017

Source: www.tanfieldchambers.co.uk

Cherry Picking – Falcon Chambers

Posted July 6th, 2017 in appeals, contracts, land registration, mortgages, news, sale of land by sally

‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’

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Falcon Chambers, June 2017

Source: www.falcon-chambers.com

Blockchain technology will be “game changer” in conveyancing – Legal Futures

‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’

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Legal Futures, 26th April 2017

Source: www.legalfutures.co.uk

Newsletter, Winter 2017 – Falcon Chambers

Posted February 17th, 2017 in costs, land registration, leases, mortgages, news, restrictive covenants by sally

Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16

Newsletter (PDF)

Falcon Chambers, Winter 2017

Source: www.falcon-chambers.com

Who knows where? – service and the Land Registry – Nearly Legal

Posted February 14th, 2017 in appeals, land registration, news, regulations, service by sally

‘Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service.’

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Nearly Legal, 13th February 2017

Source: www.nearlylegal.co.uk

Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Council defeats High Court challenge to registration of 14 acres as village green – Local Government Lawyer

Posted November 1st, 2016 in commons, land registration, local government, news by sally

‘A county council has successfully defended in the High Court its decision to register 14 acres as a town and village green (TVG).’

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Local Government Lawyer, 31st October 2016

Source: www.localgovernmentlawyer.co.uk

English court dismisses ‘notice to quit’ served on tenant before land registered – OUT-LAW.com

Posted October 11th, 2016 in land registration, landlord & tenant, news, notification by sally

‘A ‘notice to quit’ served on a tenant farmer by the new owner of the land was invalid, as the new owner had given notice before its ownership was properly registered with the Land Registry, the High Court has ruled.’

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OUT-LAW.com, 10th October 2016

Source: www.out-law.com

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

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

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

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