Land Law in UK Law
-
Buckinghamshire County Council v Moran
“
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.
If in any given case the land in dispute is unbuilt land and the squatter is aware that the owner, while having no present use for it, has a purpose in mind for its use in the future, the court is likely to require very clear evidence before it can be satisfied that the squatter who claims a possessory title has not only established factual possession of the land, but also the requisite intention to exclude the world at large, including the owner with the paper title, so far as is reasonably practicable and so far as the processes of the law will allow.
-
Gissing v Gissing
“
A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.
-
Sedleigh-Denfield v O'Callaghan and Others
“
A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.
-
Thorner v Curtis and Others
“
Nevertheless most scholars agree that the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance (see Megarry & Wade, Law of Real Property, 7th edition (2008) para 16-001; Gray & Gray, Elements of Land Law, 5th edition (2009) para 9.2.8; Snell's Equity, 31st edition (2005) paras 10-16 to 10-19; Gardner, An Introduction to Land Law (2007) para 7.1.1).
-
Moncrieff v Jamieson and Others
“
It is impossible to assert that there would be no use that could be made by an owner of land over which he had granted parking rights. He could, for example, build above or under the parking area. I would, for my part, reject the test that asks whether the servient owner is left with any reasonable use of his land, and substitute for it a test which asks whether the servient owner retains possession and, subject to the reasonable exercise of the right in question, control of the servient land.
-
Lloyds Bank Plc v Rosset and Others
“
The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.
-
Teleological Interpretation and Land Law
It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive...
-
Overreaching In Registered Land Law
Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd v Bo...
- LAND LAW AND CONVEYANCING REFORMS
- Book Review: European Land Law
-
Land Agreements and Competition Law: Lessons From Recent CMA Guidance
Businesses should review land agreements to avoid infringing competition law. Many UK businesses operate from, or handle property governed by, some form of land agreement. These land agreements ...
-
Land Agreements and Competition Law: Lessons From Recent CMA Guidance
Businesses should review land agreements to avoid infringing competition law. By John D. Colahan and Anuj Ghai Many UK businesses operate from, or handle property governed by, some form of land agr...
- Energy & Renewables Bites: Land Agreements & Competition Law
- Law & Land Autumn / Winter 2023: News Roundup
-
guidance
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... Tribunal, which hears and decides appeals from decisions of the First-tier Tribunal in ... tax, charity and Land Registration cases, and cases arising from the Proceeds of ... Crime Act 2002. In most cases appeals are on a point of law. The Tax and Chancery ... ...
-
Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... address, leave this section blank ... Telephone number(s) ... Fax number ... Email address (optional) ... 3. Application land ... Postal address ... (or OS number) and area ... Land Registry title ... Also provide: ... • a recent copy of the Land Registry entry ... • a ... ...
-
Restrictive Covenant Application: Publicity Notice
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... of the Law of Property Act 1925 to [discharge/modify/discharge or modify] [please select one option here.] a restrictive covenant affecting the land referred to below has been made to the Tribunal. If you are legally entitled to the benefit of the covenant and you wish to object to the ... ...
-
Form No.66a
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... [2] ... IN THIS CLAIM a Judgment or Order was made that the claimant/defendant give the claimant ( name ) recover possession of the land detailed in Schedule 1 below [and pay the sums set out in Schedule 2 below] ... YOU ARE NOW COMMANDED: ... (1) to enter the land ... ...