Legal Titles in UK Law

Leading Cases
  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Jul 2002

    What is crucial is to understand that, without the requisite intention, in law there can be no possession. Such intention may be, and frequently is, deduced from the physical acts themselves. But there is no doubt in my judgment that there are two separate elements in legal possession. It is not the nature of the acts which A does but the intention with which he does them which determines whether or not he is in possession.

  • Lambeth London Borough Council v Blackburn
    • Court of Appeal (Civil Division)
    • 14 Jun 2001

    It is not perhaps immediately obvious why the authorities have required a trespasser to establish an intention to possess as well as actual possession in order to prove the relevant adverse possession. That does not mean that it must in fact be known to the owner, but that it must be manifested to him so that, if he were present at the property he would be aware that the trespasser had taken possession of it and intended to keep others out.

  • Parshall v Hackney
    • Court of Appeal (Civil Division)
    • 29 Abr 2013

    It was not a case on the effect of first registration nor was it a case of concurrent registrations. It was held that only the bare legal title passed to the transferee, who was registered as proprietor. The claimant, who had been defrauded, was left with the beneficial ownership of the land and that was held to be sufficient to entitle the claimant in that case to sue for trespass.

  • Buckinghamshire County Council v Moran
    • Court of Appeal (Civil Division)
    • 13 Feb 1989

    If the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess (" animus possidendi"). A person claiming to have "dispossessed" another must similarly fulfil both these requirements.

    Possession is never "adverse" within the meaning of the 1980 Act if it is enjoyed under a lawful title. If, therefore, a person occupies or uses land by licence of the owner with the paper title and his licence has not been duly determined, he cannot be treated as having been in "adverse possession" as against the owner with the paper title.

  • PST Energy 7 Shipping LLC and Another v O.W. Bunker Malta Ltd and Another "Res Cogitans"
    • Queen's Bench Division (Commercial Court)
    • 14 Jul 2015

    In the present case, however, the combination of features listed above means that it cannot have been the object of the contract to transfer property from OWBM to the Owners: both parties knew that this was unlikely ever to happen. Even if it did, because some bunkers remained unconsumed after 60 days, that was not fundamental to the transaction.

  • PST Energy 7 Shipping LLC and Another (Claimants/Appellants) v O.W. Bunker Malta Ltd and Another
    • Court of Appeal (Civil Division)
    • 22 Oct 2015

    On this point also I agree with the judge. Whatever label one attaches to the contract (and I see nothing incongruous in describing it in commercial terms as a contract for the sale of goods), its essential nature is in my view reasonably clear.

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Legislation
  • Land Registration (Scotland) Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ......ranking of titles to interests in land. . (2) Titles to registered interests in land ...(i) in the case of backhand rents, at the legal. terms following the date of entry, and. . . (ii) in the case of ......
  • Succession (Scotland) Act 1964
    • UK Non-devolved
    • 1 de Enero de 1964
    ...... property of deceased persons; to amend the law in relation to the legal and other prior rights exigible out of such property, to the ...The Titles to Land Consolidation (Scotland) Act 1868.31 & 32 Vict. c. 101. . SCH-2.8 ......
  • Law of Property Act 1922
    • UK Non-devolved
    • 1 de Enero de 1922
    ....... Legal Estates, Equitable Interests and Powers. . Legal Estates, Equitable ...of the Act of 1875 is hereby repealed. S-187 . Short titles; extent. 187 Short titles; extent. . (1) In this Part of this Act ......
  • Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ...... appeal against a Lord Ordinary's refusal to allow the institution of legal proceedings; to amend the law relating to the jurisdiction of the Court of ... the   Succession (Scotland) Act 1964 , sections 27 to 50 of the  Titles to Land Consolidation (Scotland) Act 1868 (with such amendments as had ......
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Books & Journal Articles
  • Legal Pluralism, Gendered Discourses, and Hybridity in Land‐titling Practices in Cambodia
    • Núm. 44-2, Junio 2017
    • Journal of Law and Society
    This article describes and analyses the tensions, ambivalence, and hybridity that prevail in the nexus between discourses of gender and the legal pluralism of the new, formalized, and customary way...
    ...... that prevail in the nexus between discourses of gender and the legal pluralism of the new, formalized, and customary ways of handling land titles. Based on empirical research in Cambodia, it reveals a number of mechanisms, challenges, and inconsistencies in the practice of land-titling. ......
  • THE USE OF AUTHORITY: CITATION PATTERNS IN THE ENGLISH COURTS
    • Núm. 46-4, Abril 1990
    • Journal of Documentation
    • 287-317
    The use of law reports as a source for data on citation patterns in the courts of law has been pioneered in the United States and to some extent in Canada. Very little work has been undertaken with...
    ......Very little work has been undertaken within the English legal system until now. The difficulties faced are noted: the complexity of the ... included in all the issues of fifty-eight different law report titles issued during 1985. Since there is a degree of duplication in coverage of ......
  • Globalisation, Hegemony and Perspective
    • Núm. 13-3, Agosto 2015
    • Political Studies Review
    Globalisation has been treated as a homogenising, even Americanising, process. Its complex nature means that its effects can be observed at various levels of analysis: economic, political, social, ...
    ...... levels of analysis: economic, political, social, cultural and legal. The books under review here tackle different aspects of globalisation, ...Two titles deal specifically with British decline, albeit without a perspective ......
  • Micro‐ and macro‐economic effects: secreting assets to evade non‐business (private) obligations and responsibilities
    • Núm. 10-2, Abril 2003
    • Journal of Financial Crime
    • 166-183
    Investigates the effects on the family and society when an American business owner hides his wealth from creditors and family members, based on a case study where a non‐custodial father moved funds...
    ...... Robert may be guilty of committinga number of wrongs that, in the US legal system,could result in civil and criminal charges. However,the question ... the details of thegarnishment process.Transference of property titlesThis remedy alleviates a situation where an ex-spousehas improperly, ......
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Law Firm Commentaries
  • Practice Innovations:Virtual Law Firms, New Law v Big Law, Legal Project Management, Pricing, Lean Six Sigma. Information Governance, Social Media
    • LexBlog United Kingdom
    The October Issue of Practice Innovations has been released. Great mix of articles on distruptive forces and innovative approaches to the practice of law. Sketching the future– Axiom, Valorem, Rive...
    ......Brown, Morrison and Foerster Law Firm Busines Professionals: New Rodes, New Titles, New Respect? by Sylvia Coulter, Law Vision Group Legal Project Management and Pricing– Understanding the UK Jackson Reformby Vincent Cordo, ......
  • The Sky's The Limit…
    • Mondaq UK
    ...... is that its application would deprive 61 property owners (90 legal titles) of their legal rights to light, all of this in a year when a ......
  • Personal Security - Real Estate
    • Mondaq United Kingdom
    ...... Legal mortgages/charges. A 'legal' charge or mortgage is one that is ... In England it is possible to have different 'legal' and 'equitable' titles to property. The 'legal' title is held simply by whoever is named on the ......
  • The Essential Guide to UK Real Estate
    • JD Supra United Kingdom
    This Essential Guide provides an overview of the legal and regulatory issues likely to affect developers, occupiers and investors in UK real estate. Real estate - ...
    ......D. This Essential Guide provides an overview of the legal and . regulatory issues likely to affect developers, occupiers and . ...be registered. Registered titles are accessible online via the Land . Registry’s website. These registers ......
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