Co-ownership and declarations of trust – Family Law
‘Where a client owns or plans on owning a property jointly with someone else, there are a number of things that should be considered.’
Family Law, 11th March 2020
Source: www.familylaw.co.uk
Category: land registration
Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers
‘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.’
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
‘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.’
Local Government Lawyer, 11th December 2019
Source: www.localgovernmentlawyer.co.uk
Interpreting property contracts: Some “special” principles – Wilberforce Chambers
‘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.’
Wilberforce Chambers, 13th November 2019
Source: www.wilberforce.co.uk
Altering the Land Register on Grounds of Mistake by Mark Diggle – Ropewalk Chambers
‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’
Ropewalk Chambers, 7th November 2019
Source: www.ropewalk.co.uk
Claiming an interest in someone else’s property (Sandford v Oliver) – Radcliffe Chambers
‘Family home constructive trusts have been discussed ad nauseam. Nevertheless, there are still points to learn from new judgments. Sandford is no exception—four practical points can be gleaned from just six pages of judgment.’
Radcliffe Chambers, 14th November 2019
Source: radcliffechambers.com
E-mail footer counted as signature for property contract – Legal Futures
‘A solicitor’s automated email sign-off sufficed as a ‘signature’ for the purposes of a contract involving the disposition of an interest in land, the High Court has ruled.’
Legal Futures, 30th September 2019
Source: www.legalfutures.co.uk
Land Registry successfully transfers house using blockchain – Legal Futures
‘A trial of blockchain involving the digital transfer of property ownership has been completed by HM Land Registry, but the agency has no plans to adopt the emerging technology itself any time soon.’
Legal Futures, 12th April 2019
Source: www.legalfutures.co.uk
Farakh Rashid v Teyub Nasrullah: adverse possession of registered land – New Square Chambers
‘The Court of Appeal decision in Rashid v Nasrullah is an important one in relation to adverse
possession of registered land in two respects. The Court held, declining to follow its previous
decision in Parshall v Bryans [2013] EWCA Civ 240, that a registered proprietor can be in
adverse possession of registered land. It also held that, where registered land is transferred by
a forged transfer to a fraudster who is registered as proprietor, the effect of s.69 of the Land
Registration Act 1925 was that, although the fraudster acquired the legal estate he held it on
trust for the real owner.’
New Square Chambers, 6th December 2018
Source: www.newsquarechambers.co.uk
Land Registry aims for first digital property transfer – Legal Futures
‘The Land Registry has set itself the target of completing the first fully digital transfer of a property in the coming year to prove the value of smart contracts.’
Legal Futures, 17th October 2018
Source: www.legalfutures.co.uk
Court of Appeal upholds decision to register part of port as village green – Local Government Lawyer
‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’
Local Government Lawyer, 9th October 2018
Source: www.localgovernmentlawyer.co.uk
Borough defeats High Court challenge to refusal to register land as village green – Local Government Lawyer
‘Wokingham Borough Council has successfully defended a High Court challenge to its decision to refuse to register land as a new town or village green.’
Local Government Lawyer, 5th October 2018
Source: www.localgovernmentlawyer.co.uk
Land Registration Act shape up could build on fraud fighting efforts and make conveyancing better for everyone – Law Commission
‘Property fraudsters could be stopped in their tracks by technical fixes of the law, according to the Law Commission. The independent legal body say HM Land Registry has had to fork out close to £60million in indemnity payments because of fraud over the past decade. As a result, it’s recommending measures to help prevent fraud from taking place in registered land, alongside wider technical changes to the law which will make conveyancing “faster, easier and cheaper for everyone”.’
Law Commission, 24th July 2018
Source: www.lawcom.gov.uk/
Village Green – Local Government Law
‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’
Local Government Law, 16th May 2018
Source: local-government-law.11kbw.com
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.’
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
‘Cheshire East Council has confirmed that it referred two matters to the police last month, including one which relates to the acquisition of land.’
Local Government Lawyer, 8th March 2018
Source: www.localgovernmentlawyer.co.uk
New UK property register to help curb money laundering – OUT-LAW.com
‘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.’
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
‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.’
Family Law Week, 13th December 2017
Source: www.familylawweek.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.’
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.’
Hardwicke Chambers, 9th November 2017
Source: www.hardwicke.co.uk
