Swan Housing Association Ltd v Gill – WLR Daily

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 – WLR Daily

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

Cohabitation and Trusts of Land Update – Zenith Chambers

Posted July 3rd, 2012 in cohabitation, land registration, news, trusts by sally

“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 supermarkets’ potentially uncompetitive land use restrictions – OUT-LAW.com

Posted June 21st, 2012 in competition, land registration, news, restrictive covenants by sally

“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.”

Full story

OUT-LAW.com, 20th June 2012

Source: www.out-law.com

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land by sally

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 – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

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

Villagers lose High Court battle against ‘lord of the manor’ banker – Daily Telegraph

Posted April 19th, 2012 in commons, costs, land registration, news by tracey

“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.”

Full story

Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

No smoke without fire – New Square Chambers

Posted January 24th, 2012 in fire, housing, insurance, land registration, news by sally

“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

Leeds Group plc v Leeds City Council (No 2) Regina (Leeds Group plc) v Leeds City Council (No 2) – WLR Daily

Leeds Group plc v Leeds City Council (No 2); Regina (Leeds Group plc) v Leeds City Council (No 2) [2011] EWCA Civ 1447; [2011] WLR (D) 347

“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 – WLR Daily

Posted November 18th, 2011 in adverse possession, land registration, law reports by tracey

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 launches £1m claim against lawyers over property deal – Daily Telegraph

Posted October 13th, 2011 in land registration, law firms, legal history, negligence, news, time limits by tracey

“Geoffrey Boycott, the former Yorkshire and England cricketer, launched a £1m-plus claim against lawyers he says let him down on a property deal.”

Full story

Daily Telegraph, 12th October 2011

Source: www.telegraph.co.uk

The HM Land Registry Day List – Where real time meets Judicial power to act retrospectively – Hardwicke Chambers

Posted September 7th, 2011 in land registration, lists, news, retrospectivity by sally

“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.”

Full story

Hardwicke Chambers, 5th September 2011

Source: www.hardwicke.co.uk

Swift 1st Ltd v Colin and others – WLR Daily

Posted July 29th, 2011 in land registration, law reports, mortgages, sale of land by tracey

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 – WLR Daily

Posted July 18th, 2011 in land registration, law reports by sally

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

Property title fraud costs Land Registry £26m in compensation – The Guardian

Posted May 16th, 2011 in compensation, fraud, land registration, news by sally

“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.”

Full story

The Guardian, 15th May 2011

Source: www.guardian.co.uk

Baxter v Mannion – WLR Daily

Posted February 24th, 2011 in appeals, land registration, law reports, limitations, mistake by sally

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 – WLR Daily

Posted December 7th, 2010 in adverse possession, land registration, law reports by sally

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.

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

Posted September 13th, 2010 in housing, land registration, news, trusts, wills by sally

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Full story

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

Franks and another v Bedward and another – WLR Daily

Posted July 16th, 2010 in land registration, law reports by sally

Franks and another v Bedward and another; [2010] EWHC 1650 (Ch); [2010] WLR (D) 181

“Where an application for registration of title to land was ordered to be cancelled by the adjudicator, and the applicant subsequently succeeded in an appeal in circumstances where the order for cancellation was not protected by a stay, the court could direct the re-entry on the day list of the registration application with its original entry date.”

WLR Daily, 14th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported on one of the ICLR series the corresponding WLR Daily summary is removed.