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.

  • 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.

  • 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.

  • 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.

  • Stephen Leonard Conn v Jacob Azouri Ezair
    • Chancery Division
    • 04 Julio 2019

    Secondly, following the 2003 Agreement, the Company has effectively “stepped into the shoes” of NEL and assumed its rights under the 1999 Agreement. On analogy with Re Lashmar (supra), NEL no longer has any duties to perform.

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Legislation
  • Supreme Court (now known as Senior Courts) Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ... ... 2005/2505, art. 2(c) # F18 S. 4(1)(dd) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 72(6)(a) # F19 S. 4(1)(ddd) inserted ... give the same effect as hitherto—(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties ... ...
  • Titles to Land Consolidation (Scotland) Act 1868
    • UK Non-devolved
    • 1 de Enero de 1868
    ... ... , Disponee, Legatee, Adjudger, or Purchaser respectively; and the Word ‘Successors’ shall extend to and include Heirs, Disponees, Assignees legal as well as voluntary, Executors, and Representatives: ... The Word ‘Month’ shall mean Calendar Month: The Words ‘Sheriff of Chancery’ ... ...
  • The European Union (Recognition of Professional Qualifications) Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (b) confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that ... Society of ScotlandCosts lawyerAssociation of Costs LawyersChartered legal executiveChartered Institute of Legal Executives ... Teacher at a ... ...
  • 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 estate ... Classes of title ... 9: Titles to freehold estates ... (1) In the case of an application for ... ...
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Books & Journal Articles
  • Legal Pluralism, Gendered Discourses, and Hybridity in Land‐titling Practices in Cambodia
    • No. 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
    • No. 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
    • No. 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 underreview here tackle different aspects of globalisation, ... Two titles deal specifically with British decline, albeitwithout a perspective ... ...
  • Property tax administration in developing countries: Alternatives for land registration and cadastral mapping
    • No. 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
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