Legal Titles in UK Law

Leading Cases
  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Julio 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 Junio 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 Abril 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 Febrero 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 Julio 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 Octubre 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 Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... . (a) unregistered legal estates which are interests of any of the following kinds— . (i) an ... Classes of title Classes of title. . S-9 . Titles to freehold estates 9 Titles to freehold estates . . (1) In the case ......
  • Dollar Institution, or John McNabb School: increasing the number of, and incorporating the trustees Act 1847
    • UK Non-devolved
    • 1 de Enero de 1847
    ...... also the Advantages of a liberal Education have, under eminent legal Advice, been extended to the Children of rnore opulent Persons, on Payment ... whereas it would prove a great Convenience in the making up of the Titles of 10 & 11 VICTORLE, CapA6. 569 the Trustees, and in enabling them to sue ......
  • Local Registration of Title (Ireland) Act 1891
    • UK Non-devolved
    • 1 de Enero de 1891
    ...... An Act to establish Local Registries of Titles to Land in Ireland. . [5th August 1891] . . Be it enacted by the ... otherwise than by transfer from the registered owner or from his legal representatives, then, subject to general rules, the registering authority ......
  • Land Registration Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......capable of subsisting as legal estates shall be the only. interests in land in respect of which a ...registration of titles to land within the defined. districts respectively, and to alter any ......
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Books & Journal Articles
  • Legal Pluralism, Gendered Discourses, and Hybridity in Land‐titling Practices in Cambodia
    • Nbr. 44-2, June 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
    • Nbr. 46-4, April 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
    • Nbr. 13-3, August 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 ......
  • Property tax administration in developing countries: Alternatives for land registration and cadastral mapping
    • Nbr. 8-1, January 1988
    • Public Administration and Development
    The property tax is a widely used fiscal tool in many developing countries. However, property tax evasion and underpayment are common. This fact underscores the need for governments to administer t...
    ...... The registration of deeds and titles is discussed, as are the most appropriate means for their ..., the different types of cadastral systems, fiscal, legal and multi-purpose, and the survey methods necessary for ......
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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 - Real estate law in E...
    ......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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Forms
  • Chapter EXPP9010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... Banknotes after issue into circulation, being legal tender in any country, issued stock share and bond certificates and r titles of ownership. Temporary exportations and re-exportations of the ......
  • Chapter PIM1080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......, together with the Commonhold Regulations SI2004/1829, provides the legal framework for commonhold and came into effect on 27 September 2004. What ...: for example, condominium ownership in the United States and strata titles in Australia. A commonhold consists of individually owned but ......
  • Chapter INTM332040
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... where recipients, as in the circumstances of this case, are bound in legal, commercial or practical terms to pass on the income, they will not be the ...Their primary purpose is apparent from their respective titles.” The title of the Dutch DTA had already been stated (at Paragraph 14) ......
  • Chapter INTM120210
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......ITH316 Company residence: legal power to manage and control . ITH317 Company residence: legal power to ...In this respect titles can be misleading and should not be regarded as conclusive of the true ......
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