Adverse Possession: Litigants Risk Two Sets of Proceedings – A Problem Made Worse by Brown v Ridley [2024] UKUT 14 (LC) Matthew Hall delves into the legal nuances and practical challenges inherent in resolving boundary disputes, shedding light on the complexities...
Article contributed by Ian Quayle Ian Quayle considers the recent case of Weaver v Smith which explores the common problem of identifying the extent of a right of way. The case highlights the problems associated with plans and the need to revert to the wording...
Article contributed by Ian Quayle Ian Quayle discusses a recent case which has examined some of the issues associated with adverse possession and provides useful reminders for busy practitioners. Case name, reference and Bailii link - Rowlands v...
Article contributed by Richard Miller, Tanfield Chambers Bailii link: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/549.html&query=(Healey)+AND+(v)+AND+(Fraine)+AND+(.2023.)+AND+(EWCA)+AND+(Civ)+AND+(549) Summary ...
Article contributed by Sarah Thompson-Copsey Bailii Link: https://www.bailii.org/ew/cases/EWHC/QB/2022/578.html This is a case relating to successful claim for adverse possession under the Limitation Act 1980. Facts Milton Keynes Council was the...
Article by Guest Editor Tom Graham Almost all property sites will have highway frontages and, as such, it is important that those acting on behalf of potential purchasers take into account the question of where the boundary between the property to be purchased and the...
Contributed by Ian Quayle of IQ Legal Training (ian@iqlegaltraining.com). Dealing with boundary problems Some practical tips for busy practitioners The issue of boundary identification is a problem for both residential conveyancers and commercial property lawyers...
Highways R (on the application of Smith) v Land Registry and Cambridge County Council [2010] EWCA Civ 200 Summary It is not possible to claim title by adverse possession to land that forms part of the public highway. Facts The claimant made an application to the Land...
This page explains meaning of the phrase "adverse possession" as set out in Pye v Graham, the leading case on the topic. Other important issues that arise in adverse possession cases are dealt with on the other pages in this section of the site - go back to the page...
This page sets out the procedure for applying to the Land Registry under the Land Registration Act 2002 to be registered as owner of land that has been in adverse possession. It also deals with the leading cases that have been decided under the Act since it came into...
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