Category: land registration

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

Commons Registration – Local Government Law

Posted November 25th, 2014 in commons, land registration, local government, news, regulations by sally

‘County Councils in England, District Councils in England for an area without a County Council, London Borough Councils and County or County Borough Councils in Wales are “commons registration authorities”. The commons registration authority in relation to any land is the authority in whose area the land is situated. Where any land falls within the area of two or more commons registration authorities, the authorities may by agreement provide for one of them to be the commons registration authority in relation to the whole of the land.’

Full story

Local Government Law, 17th November 2014

Source: www.11kbw.com/blogs/local-government-law

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily

Posted October 28th, 2014 in appeals, fraud, land registration, law reports, mortgages, Supreme Court by sally

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) [2014] UKSC 52; [2014] WLR (D) 447

‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Wiggins v Regent Wealth Ltd and others – WLR Daily

Posted August 1st, 2014 in enfranchisement, land registration, landlord & tenant, law reports, leases, news by sally

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Essex village green challenge rejected by High Court – OUT-LAW.com

Posted July 31st, 2014 in commons, land registration, news by michael

‘A legal challenge against Essex County Council’s refusal to register a piece of land as a town or village green, protecting it from development, has been rejected by the High Court.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

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

Posted May 29th, 2014 in appeals, commons, land registration, law reports, local government, news, Supreme Court by michael

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

Posted May 28th, 2014 in commons, land registration, news, retrospectivity, statutory interpretation, time limits by sally

‘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

Posted May 22nd, 2014 in appeals, commons, land registration, law reports, local government, rectification, regulations by sally

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

Posted February 6th, 2014 in appeals, commons, delay, land registration, law reports, local government, mistake, planning, rectification, Supreme Court by sally

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

Posted February 6th, 2014 in appeals, commons, delay, land registration, local government, mistake, news, planning, rectification by sally

‘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

Posted February 4th, 2014 in appeals, commons, land registration, local government, mistake, news, rectification, Supreme Court by sally

‘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