RIGHTS OF WAY Date: Thursday, 26 September, 2019 Time: 6.00-8.00 pm Place: The County Club, 158 High Street, Guildford Cost: Free CPD: 1.5 points Topics covered will include: Creation, express grant or reservation, prescription, section 62 LPA 1925. Construction of Express Grants. Abandonment and extinguishment of rights of way. Excessive User; user extending beyond the...
Registered Proprietors and Adverse Possession CHRISTOPHER McCAULEY In Parshall v Hackney [2013] EWCA Civ 1084 (an unusual case involving double registration) the Court of Appeal held that a registered proprietor cannot be in adverse possession of the property of which he is the registered proprietor. However, the recent case Mohammed Rashid v Farakh Rashid [2017]...
Rectification of the Land Register
25 April 2018
Rectification of the Land Register – An Introduction CHRISTOPHER McCAULEY Ahead of our upcoming seminar on Land Registration, Christopher McCauley has prepared this note as a brief introduction to the fundamentals of rectification of the...
To know a ‘Veil’ – Persad v Singh
6 December 2017
By Paul Moulder To know a‘Veil’ Not infrequently in practice, one comes across the issue whether personal liability can supplement corporate liability. This issue was recently before the Privy Council in an illustrative case. Persad v Singh [2017] UKPC 32 (Judgment given on 30 October 2017) In order to ‘pierce the corporate veil’ the conditions...
Paul Moulder For those of you applying for a possession order for an Assured Shorthold Tenancy property, a new claim form has been issued for use as Form N5B (for property in Wales: N5B Wales). The form has been amended to include questions concerning the statutory changes brought about in ss21A and 21B of the...
The appeal of Abdulla v Whelan
15 November 2017
By Christopher McCauley Re Amin; Abdulla v Whelan [2017] EWHC 605 (Ch); [2017] 1WLR 3318 The appeal of Abdulla v Whelan [2017] EWHC 605 (Ch) is an interesting case that addressed the question of whether a trustee in bankruptcy can disclaim a legal interest, in a jointly owned leasehold property, by serving a notice...
Guildford Chambers’ practice areas include Chancery and employment matters, but the set has notable strength in family law, where the barristers are ‘very experienced’ in private and public law relating to children as well as TOLATA claims. Senior clerk Simon Morris and first junior Gavin Street are ‘very efficient and take the time to make...
Case Law Update – Dickinson v Casillas
30 August 2017
By Christopher McCauley Dickinson v Casillas [2017] EWCA Civ 1254 The Background The parties are neighbours and have title to the freehold of their respective properties. The flank wall of the Mrs Casillas’ property is built along the boundary line with Mrs Dickinson’s property and the gas and electricity metres for Mrs Casillas’ property...
By Christopher McCauley Wodzicki v Wodzicki [2017] EWCA Civ 95 The Background The appellant and her children had, since its purchase in 1988, exclusively occupied a house (‘the property’) that was registered in joint names of appellant’s father (‘the father’) and his second wife. The father visited the property but never stayed there and the...
A Rough Guide to Adverse Possession
13 December 2016
The concept of adverse possession can be a difficult legal area to grasp, at first glance seemingly giving priority to squatters’ rights over those of the legal landowner. The Land Registration Act 2002, which came into force on 13th October 2003, introduced a number of changes to UK land law, including the rules governing adverse...
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