“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.”
OUT-LAW.com, 1st May 2013
Source: www.out-law.com
“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.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
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
Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325
“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
“The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott [2011] UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.”
Full story (PDF)
Zenith Chambers, 27th June 2012
Source: www.zenithchambers.co.uk
“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”
OUT-LAW.com, 20th June 2012
Source: www.out-law.com
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“A group of villagers was yesterday left with a six-figure legal costs bill after losing a court battle with a retired banker who styled himself lord of the manor.”
Daily Telegraph, 18th April 2012
Source: www.telegraph.co.uk
“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”
Full story (PDF) see p. 2
New Square Chambers, January 2012
Source: www.newsquarechambers.co.uk
“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”
WLR Daily, 2nd December 2011
Source: www.iclr.co.uk
Zarb and another v Parry and another: [2011] EWCA Civ 1306; [2011] WLR (D) 331
“To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.”
WLR Daily, 15th November 2011
Source: www.iclr.co.uk
“Geoffrey Boycott, the former Yorkshire and England cricketer, launched a £1m-plus claim against lawyers he says let him down on a property deal.”
Daily Telegraph, 12th October 2011
Source: www.telegraph.co.uk
“The High Court retains control of the Day List of applications at the Land Registry. Retrospective reinstatement can be ordered but ordinarily will not be where a third party interest has since arisen.”
Hardwicke Chambers, 5th September 2011
Source: www.hardwicke.co.uk
Swift 1st Ltd v Colin and others [2011] WLR (D) 262
“The holder of a charge over a property had full power of sale under the Law of Property Act 1925 irrespective of the fact that the charge had not been substantially registered. All that was required to exercise that power was for the mortgage to have been executed by deed.”
WLR Daily, 27th July 2011
Source: www.iclr.co.uk
Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230
“While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”
WLR Daily, 14th July 2011
Source: www.iclr.co.uk
“The Land Registry, the government department that logs land and property ownership in England and Wales, has paid out more than £26m since 2006 compensating victims of a recurring property fraud.”
The Guardian, 15th May 2011
Source: www.guardian.co.uk
Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54
“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”
WLR Daily, 23rd February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215
“The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational.”
WLR Daily, 6th December 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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