header-logo header-logo

18 January 2013 / John Summers
Issue: 7544 / Categories: Features , Property
printer mail-detail

Taking sides

hires_6_3

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
back-to-top-scroll