A peculiar case of priorities – Hardwicke Chambers

Posted June 26th, 2014 in appeals, banking, land registration, mortgages, news, notification by sally

‘In Bank of Scotland v Joseph [2014] EWCA Civ 28, 1 P & Cr 18, the Court of Appeal was faced with an issue of priority in relation to a unilateral notice. It arose out of a rather curious set of facts.’

Full story

Hardwicke Chambers, 4th June 2014

Source: www.hardwicke.co.uk

Regina (Barkas) v North Yorkshire County Council – WLR Daily

Regina (Barkas) v North Yorkshire County Council [2014] UKSC 31;  [2014] WLR (D)  228

‘Local inhabitants indulged “by right” in lawful sports and pastimes on a recreation ground which had been provided for that purpose by a local authority in the exercise of its statutory powers, not “as of right” as was necessary pursuant to section 15(2) of the Commons Act 2006 in order to register the land as a town or village green.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Landowner wins appeal over time limits for village green application – Local Government Lawyer

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Regina (Best) v Chief Land Registrar – WLR Daily

Posted May 22nd, 2014 in adverse possession, crime, land registration, law reports, squatting by sally

Regina (Best) v Chief Land Registrar [2014] EWHC 1370 (Admin); [2014] WLR (D) 211

‘The criminalisation of people who were trespassers through living in a relevant residential building by pursuant to section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had not prevented time running for applications for registration of title by adverse possession.’

WLR Daily, 7th May 2014

Source: www.iclr.co.uk

Church Comrs for England v Hampshire County Council – WLR Daily

Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207

‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? – New Square Chambers

Posted February 14th, 2014 in commons, land registration, news, rectification by sally

‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’

Full story

New Square Chambers, 7th February 2014

Source: www.newsquarechambers.co.uk

Supreme Court allows removal of incorrectly-registered land from village greens register despite delays – OUT-LAW.com

Posted February 7th, 2014 in commons, delay, land registration, news, rectification by tracey

‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’

Full story

OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court in key ruling on village greens and rectification – Local Government Lawyer

‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’

Full story

Local Government Lawyer, 5th February 2014

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’

Full story

Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

Fracking fears as landowners lay claim to ancient rights – Daily Telegraph

Posted January 16th, 2014 in energy, fracking, housing, land registration, news by tracey

‘Fears that landowners could use ancient rights to allow fracking under people’s homes have been raised following the disclosure on Wednesday that more than 73,000 claims to manorial rights in England and Wales have been received by the Land Registry. The claims have resulted in thousands of home owners being sent letters informing them that landowners or institutions have the rights to mineral extraction under their property. This has raised fears the landowners could try to exercise those rights for mining or fracking.’

Full story

Daily Teelgraph, 16th Janaury 2014

Source: www.telegraph.co.uk

Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by tracey

Nugent v Nugent: [2013] EWHC 4095 (Ch);   [2013] WLR (D)  516

‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Watchdog bans rogue Land Registry and DVLA adverts – Daily Telegraph

Posted November 13th, 2013 in advertising, driving licences, internet, land registration, news by tracey

“Two more adverts have been banned as the ASA continues its battle with websites that give the impression of being ‘official.’ ”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by tracey

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

High Court allows invalid Bushfield Camp Village Green application to be retrospectively corrected after the deadline for application – OUT-LAW.com

Posted July 15th, 2013 in commons, land registration, news, planning, retrospectivity, time limits by sally

“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”

Full story

OUT-LAW.com, 12th July 2013

Source: www.out-law.com

Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”

Full story

Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

Growth and Infrastructure Act contains some welcome changes to village green regime, says expert – OUT-LAW.com

“A new law will make it harder for residents to use town and village green (TVG) laws to oppose the development of land, an expert has said.”

Full story

OUT-LAW.com, 1st May 2013

Source: www.out-law.com

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by tracey

Parshall v Hackney: [2013] EWCA Civ 240;   [2013] WLR (D)  124

“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk