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.’

Full story

The Guardian, 23rd May 2016

Source: www.guardian.co.uk

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.’

Full story

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

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.’

Full story

Falcon Chambers, March 2016

Source: www.falcon-chambers.com

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.’

Full story

Local Government Lawyer, 31st March 2016

Source: www.localgovernmentlawyer.co.uk

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.’

Full story

Law Commission, 31st March 2016

Source: www.lawcom.gov.uk

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.’

Full story

Law Society’s Gazette, 31st March 2016

Source: www.lawgazette.co.uk

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.’

Full story

Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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.’

Full story

Local Government Lawyer, 21st March 2016

Source: www.localgovernmentlawyer.co.uk

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.’

Full story

Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

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.’

Full story

Legal Futures, 8th October 2015

Source: www.legalfutures.co.uk

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.’

Full story

Law Society’s Gazette, 7th October 2015

Source: www.lawgazette.co.uk

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.’

Full story

Park Square Barristers, 11th August 2015

Source: www.parksquarebarristers.co.uk

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.’

Full story

Local Government Lawyer, 4th September 2015

Source: www.localgovernmentlawyer.co.uk

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.’

Full story

Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

Swift 1st Ltd v Chief Land Registrar – WLR Daily

Swift 1st Ltd v Chief Land Registrar [2015] EWCA Civ 330; [2015] WLR (D) 167

‘The proprietor of a registered charge which turned out to have been a forged disposition was entitled to payment by way of indemnity under Schedule 8 to the Land Registration Act 2002 in circumstances where the registered proprietor and rightful owner of the property was in actual occupation at the date of the disposition.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Regina (Littlejohns and another) v Devon County Council – WLR Daily

Regina (Littlejohns and another) v Devon County Council [2015] EWHC 730 (Admin); [2015] WLR (D) 136

‘The transitional provisions in Schedule 3 to the Commons Act 2006 provided a brief window within which the commons register could be updated and corrected by incorporating any registrations which could have been, but were not, made under the Commons Registration Act 1965. Thereafter, any unregistered rights would be extinguished under paragraph 3 to the Schedule, repeating the legislative approach adopted in section 1(2)(b) of the 1965 Act.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Supreme Court – the right to be on the beach – UK Human Rights Blog

Posted February 27th, 2015 in commons, harbours, land registration, news by tracey

‘The Queen (on the application of Newhaven Port and Properties Limited) v East Sussex County Council and Newhaven Town Council [2015] SC 7 25 February 2015.
Late February is not necessarily the best time of year for a bit of UK sea swimming. But the Supreme Court has just come out with interesting judgments about whether there is a right to go to the beach and swim from it. For reasons I shall explain, they were anxious not to decide the point, but there are some strong hints, particularly in the judgment of Lord Carnwath as to what the right answer is, though some hesitation as to how to arrive at that answer.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Suspending belief – Nearly Legal

Posted December 15th, 2014 in appeals, equity, land registration, landlord & tenant, mortgages, news, Supreme Court by tracey

‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk

Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers

Posted December 3rd, 2014 in appeals, land registration, news, rectification, restrictive covenants by sally

‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’

Full story (PDF)

New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk