The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Beneficial ownership – reminder of key points

Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are:
Subscribers only...
 

Rectification of title – what is ‘exceptional’?

The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in relation to land in their possession unless: 
Subscribers only...
 

Right of way – not extinguished orally

In an unsurprising judgment, the HC has held that a right of way is not extinguished by an oral agreement.
Subscribers only...
 

Fixtures – what passes on sale of land?

Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has considered this case law in the very current context of solar panels. 
 
Subscribers only...
 

Injunction against persons unknown - test

A further remedy available to landowners facing trespass is an injunction against persons unknown. The courts will be cautious in granting such an injunction and the CA has recently set out a useful test for the courts to apply when considering an application for an injunction against unknown persons:

Subscribers only...
 

Eviction of squatters - what are the options?

Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a wall on lands to which they do not have title, or where a commercial tenant holds over after a notice to quit. A useful article summarises the three types of possession proceedings available to the landowner in these circumstances:

Subscribers only...
 

Electronic Communications Code – review

The Electronic Communications Code came into force on 28 December 2017. Its purpose is to make it easier for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. 
Subscribers only...
 

Recreational activity – can be an easement

An easement is a non-personal right exercised over land owned by another. They can be created in a number of ways, including formal grant, prescription, long use, custom or by the operation of s62 LPA 1925. 
Subscribers only...
 

Cautions against first registration – a reminder

A caution against first registration is a form of protection for interests affecting unregistered land. Its effect is to require HMLR to give the person who has applied for the caution – the cautioner – notice of an application for first registration of the legal estate which the cautioner claims is affected by an interest to which they are entitled (and of an application for first registration of certain other estates).

Subscribers only...
 

Prescriptive easement – protection

Prescription is the acquisition of a right through long use or enjoyment – the law presumes that the right was lawfully granted. There are three ways to acquire an easement by prescription:

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 68

Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

Resources

IAG International
In House Lawyer
Join the IBA now!
MSI Global Alliance
www.totallylegal.com