Foreign Executor’s Standing …
Rowena Meager's Property Law Blog
by RM
1y ago
Jennison v Jennison [2022] EWCA Civ 1682 is an important decision of the Court of Appeal which distinguishes between the standing of a foreign executor to bring proceedings in England without first obtaining a grant or resealed grant of probate from that of a foreign administrator without letters of administration in the English jurisdiction ..read more
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A New Threat to TVG Registration
Rowena Meager's Property Law Blog
by RM
2y ago
Yesterday the Government published its Growth & Infrastructure Bill which includes, amongst other things, provisions that curtail the circumstances in which applications can be made to register new town and village greens under section 15 of the Commons Act 2006 by reference to “trigger” or “terminating events” that will be set out in a schedule to the 2006 Act. Further, landowners would be able to register a statement in the prescribed form with the commons registration authority that would bring to an end any period of qualifying use upon which an application for registration might be ba ..read more
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The Registration of Town & Village Greens: A New Line of Attack
Rowena Meager's Property Law Blog
by RM
2y ago
It seems that cases on the registration of new town and village greens (“TVG’s”) are never far from the news these days. The High Court recently considered the lawfulness of a registration authority’s decision to register land belonging to a port authority in the case of Newhaven Port & Properties Limited v East Sussex County Council & Others [2012] EWHC 647 (Admin). This case concerned a claim by a landowner (Newhaven Port & Properties Limited) challenging East Sussex County Council’s (the registration authority) decision to register land (West Beach) as a new town or village ..read more
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Leases: Certainty of Term
Rowena Meager's Property Law Blog
by RM
2y ago
It’s been quite a day for property lawyers – as well as the judgment in Kernott -v- Jones today saw judgment in the case of Berrisford -v- Mexfield Housing Co-operative [2011] UKSC 52. As decisions go it was perhaps not quite as “exciting” as Kernott -v- Jones but, nevertheless, the fact that a judicial committee of seven was convened to hear the case should give some indication of its importance, albeit on a topic which attracts rather less attention that the proper apportionment of interests in the family home in circumstances where the couple is not married. The crucial issue in Berrisford ..read more
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Jones -v- Kernott (Round 4)
Rowena Meager's Property Law Blog
by RM
2y ago
It would have been impossible to have allowed today to pass without a short post about the Supreme Court’s judgment in Jones -v- Kernott [2011] UKSC 53 (it is quite possible that I will come back later with a more detailed post once I have had the opportunity to digest the whole decision more comprehensively!). I have previously written about the first appeal (from the decision of the trial judge) here and the appeal to the Court of Appeal here. My views since those posts were written are unchanged and it will come as no surprise to learn that I read the Supreme Court’s judgment with a sense o ..read more
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The Turning of the Tide in Village Green Law?
Rowena Meager's Property Law Blog
by RM
2y ago
Following something of an extended hiatus in blogging activity it is intended (certainly hoped) that normal service – or perhaps even “improved” service – will hereafter be resumed. Perhaps a little predictably it is a village green case which features in this post (although a number of other posts will soon follow on a much broader range of property law issues). In the summer the High Court delivered its judgment in the case of Paddico (267) Limited -v- (1) Kirklees Metropolitan Council (2) William John Magee (3) Thomas Michael Courtney (the second and third defendants being sued for and on b ..read more
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New Greens: Neighbourhood or Neighbourhoods?
Rowena Meager's Property Law Blog
by RM
2y ago
Towards the end of last year I wrote about the decision of the High Court in the case of Leeds Group Plc v Leeds City Council [2010] EWHC 810 (Ch) in which the court determined that, in an application for the registration of a new green under section 22(1A) of the Commons Registration Act 1965, as amended by section 98 of the Countryside and Rights of Way Act 2000 (“CROW”) (now replaced by section 15 of the Commons Act 2006), there was no bar to there being users from more than one neighbourhood upon whose use the application for registration was reliant. Section 22(1A) provided that “land fal ..read more
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The latest on TVGs
Rowena Meager's Property Law Blog
by RM
3y ago
This podcast considers the recent decision of the Supreme Court in TW Logistics Ltd v Essex County Council [2021] UKSC 4 in which the Court considers the important question of the scope of a landowner’s rights to continue using land following registration and the likelihood of pre-registration use being criminalised as a result of registration ..read more
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Proper execution of documents
Rowena Meager's Property Law Blog
by RM
5y ago
In my last post I referred to the High Court’s decision in the case of Broxfield Limited v Sheffield City Council [2019] EWHC 1946 concerning liability for the payment of non-domestic rates. A very interesting point arose in that case which can be understood by reference to paragraphs [12], [13] and [33] of Mostyn J’s judgment. In short, what emerged in evidence was a concern about exactly what document (if any) had been signed by the parties. Central to the case, and therefore the proper identification of the liable party, was a document purporting to be a lease of the relevant premises. What ..read more
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Sham Agreements or Documents: The Test Revisited
Rowena Meager's Property Law Blog
by RM
5y ago
The High Court has handed down its judgment in Broxfield Limited v Sheffield City Council [2019] EWHC 1946 (Admin) and has made some important observations regarding the standard of proof for establishing a ‘sham’. By way of background, this case concerned the question of liability for non-domestic rates (business rates). The commercial property in question was owned by Broxfield Limited (“Broxfield”) but immediately upon acquisition was subject to a purported demise (of the empty parts) to a company called Busy Bodies Business Services Limited (“Busy Bodies”). Sheffield City Council (“the Cou ..read more
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