Ian Quayle discusses another case concerning adverse possession, specifically interpreting the requirement in the Land Registration Act 2002 about maintaining a "reasonable belief" of ownership for ten years. Case Name, Reference and BAILII link Brown v Ridley...
Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
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The Scale and Cost of Requisitions
HM Land Registry gov.uk/government/organisations/land-registry In this blog, HM Land Registry discuss their commitment to reducing the number of requisitions issued. Introduction Seemingly minor errors - like a couple of typos, a missing date in a transfer,...
Attracting Key Talent in a Competitive Recruitment Market
In today's competitive recruitment landscape, attracting top talent requires more than just identifying the right candidates. Firms must ensure their recruitment processes are efficient, engaging, and reflective of their workplace culture. In this article, The Clarke...
Service Charges: What Can Be Recovered?
Can service charges be used to recover costs expended in remedying structural defects? Chloe Lake conducts a review of London Borough of Tower Hamlets and Lessees of Brewster House and Malting House [2024] UKUT (LC). Case Name, Reference and BAILII link...
How to Do a Lease Renewal- Part 9
Michael Lever discusses the importance of detailed and well-drafted Heads of Terms (HoT) in lease agreements to avoid valuation and interpretation issues. He highlights key elements to include in HoTs and emphasises the role of surveyors in ensuring clarity,...
Mortgage Terms and Conditions
In Breeze v TSB Bank Plc [2024] EWHC 2427 (Ch), the court addressed TSB's entitlement to charge a different standard variable rate (SVR) for transferred Northern Rock mortgages. The case examined two key preliminary issues: whether TSB breached the express terms of...
Possession Proceedings
In the first of two case studies, Nigel Clayton examines the court's powers in possession proceedings involving administrators under the Insolvency Act 1986 (IA 1986) and existing mortgage possession proceedings. The key issue revolves around whether administrators or...
Service: Search for Local Land Charges
HM Land Registry discusses the recent enhancements to the "Search for Local Land Charges" service, including improvements to the search results page, displaying mapped extents for each charge, adding unique reference numbers, and enabling searches using multiple title...
Overriding Ownership through Constructive Trusts
Ian Quayle discusses a case about the ownership of a property where the court found that a constructive trust and proprietary estoppel could override the original division of beneficial interest, despite an express declaration in a transfer form. Ian highlights how...
Enforceability of Restrictive Covenants
Ian Quayle discusses a case about the enforceability of restrictive covenants. The claimants sought to declare that a 1977 restrictive covenant did not bind their land because the purchaser under that conveyance did not own the land intended to benefit from the...