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18 January 2013 / John Summers
Issue: 7544 / Categories: Features , Property
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Taking sides

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John Summers considers two recent important property law decisions

This update scrutinises Yeates v Line [2012] EWHC 3085 (Ch)—a decision of the High Court which considers whether certain statutory formalities apply to agreements concluded in settlement of boundary disputes—and Pankhania v Chandegra [2012] EWCA Civ 1438, a Court of Appeal decision which considers the effect of an express declaration of trust on a subsequent claim to a different beneficial share in the subject property.

Yeates v Line

In early 2011, the appellants (AS) made an application to the Land Registry to have the registered title to certain land (the land) altered to show them as proprietors. AS alleged that they had acquired title to the land by adverse possession. The registered owners of the land were the respondents (RS) who objected to the application. The dispute was referred to the adjudicator to the Land Registry. Although she found that AS had been in adverse possession as alleged, she declined to order alteration of the register on the basis that the parties had reached

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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