Land Registration – Practice And Procedure – First Registration – Jurisdiction – Adverse Possession – Boundary Disputes In The Matter Of An Appeal Against The Decision Of The First Tier Tribunal (Land Registration Chamber) Under S.11 Of The Tribunals Courts And Enforcement Act 2007

Adverse possession – Grazing agreement – Occupation without renewal – Dispossessed land – Ouster of the owner

Adverse possession – Land Registration Act 2022 – Reasonable belief – Boundary – Planning permission

Adverse possession – Registered owners – Statutory trust – Administration of Estates Act 1925

Adverse possession – Land registration – Legal boundary – Title plan – Dispute – Land Registration Act 2002 – Land Registration Act 1925 – Unregistered land

Boundary Dispute – Boundary Agreement – Successors – Registration – Land Charges Act 1925

Boundary dispute – Boundary demarcation agreement – Successors – Law of Property (Miscellaneous Provisions) Act 1989 – Trespass

Adverse possession – Land subject to public right of way – Whether adverse possession is sustainable without extinguishment of public’s rights

Boundary dispute – Assessment of prior documentation – Effect of subjective belief of parties

Prescription – Lost Modern Grant – Right of Way – Absence of Permission

Easements & Profits a Pendre – Prescription – Requirements and acquisition

Servitude – User condition – Application to discharge – Access – Discharge – Permitted use – Scotland – Servitudes – Title conditions – Variation

Easement Restrictive covenant – Planning – Right of way –  s.84 of the Law of Property Act 1925 – No jurisdiction – Limitation

LANDLORD AND TENANT — Covenant — Fencing — Deed of conveyance placing defendant as leasehold proprietor under fencing obligation — Whether obligation covenant or easement — Whether possible to grant fencing easement by express grant

Landlord and Tenant – Access – Agreements – Derogation from grant – Landlords’ rights – Leases – Quiet enjoyment – Rights of way – Tenancies – Whether the landlords’ rights of entry under tenancy agreements were wide enough to permit them to carry out the activities that they wish to undertake

Section 31 (1) of the Highways Act 1981 – Public right of way – Positive prescription – Interruption – De minimis – Dedication – Definitive maps and statements – Footpaths – Public rights of way – Use

Prescription – Right to park vehicles – Whether placing of notices by land owner sufficient to prevent acquisition of right – Whether further action required if user continues in fact of protest

Grant of rights of way – Express terms – Law of Property Act 1925, s.62 – Rule in Wheeldon v Burrows

British Waterways Act 1983, s.8 – Notice to remove vessel permanently moored by riparian owner – Extent of riparian rights – Mooring on tidal water – Whether action “unlawful”

Highways Act 1980, s.31 – Deemed dedication – Whether evidence supported recording as a restricted byway – Countryside Act 1968, s.30 – Use of bridleway by cyclists – Whether sufficient to support non-mechanically propelled vehicular use

Prescription – Right of way – Extent of rights – Limitation by reference to rights exercised during prescription period

Right of way – ‘All reasonable and usual purposes’ – Whether those words limited to context of the use at time of grant

Right of way – Excessive use – Unlawful – Prescriptive right – Driveway – Unreasonable interference – Drainage – Whether claimant’s development land resulting in unreasonable use of right of way by interfering with defendants’ use

Right of way – Covenants – Excessive use – Trespass – Diversification

Grazing – Dominant tenement – Respondents purchasing land used by appellant for grazing ponies – profit à prendre – Adjudicator refusing to register right on the ground that it did not benefit the estate

Servitude – Right of Way  – Interference – Interdict (scoticé) – Easements – Farms – Gates – Interference with easements – Livestock – Rights of way

Right of way – Erection of gates – Interference to users of right of way

Sporting Rights – Freehold and Concurrent Leasehold Land – Restriction in exercising sporting rights

Wildlife and Countryside Act 1981, s.53 – Definitive map and statement – Highways Act 1980, s.31 – Deemed dedication – Evidence sufficient to show lack of intention to dedicate – Need to bring that lack of intention to the notice of those members of the public using the way

Rights appurtenant to timeshare – Recreational rights – Whether merely personal or capable of forming the subject of an easement – Whether subject to any duty to contribute to cost of provision

Recovery of possession – Whether owners entitled to recover possession of subsoil of land crossed by public footpath – European Convention on Human Rights, arts. 8, 10 & 11 – Right to respect for home, to freedom of expression, to peaceful assembly

Public footpath – Definitive map and statement not amended following variation Order – Whether continued use of former route amounted to prescription under s.31 Highways Act 1980 – Nature of the test of use: nec vi, nec clam, nec precario

Rights of way – Acquisition by express grant – Law of Property Act 1925, s.62 – Application to rights “enjoyed with” land prior to conveyance – Rule in Wheeldon v Burrows – Rights “necessary” for use and enjoyment of land – Reduction of width of right of way – Whether “intereference”

Joint tenancy – Notice to quit by one joint tenant – European Convention on Human Rights – Compatibility of rule in Fulham and Hammersmith LBC v Monk

Assent on intestacy – Property held in joint names – Whether surviving joint owner held on trust for others or beneficially for himself

Trust for sale – Doctrine of conversion – Trusts of Land and Appointment of Trustees Act 1996, s.3 – Interpretation of declaration of trust

Quantifying beneficial interest – Co-owned property – Farming dispute – Jointly owned – Common intention constructive trust – Co-habiting – Joint Registration

Landlord and tenant – Housing – Real property – Local government – Joint tenancies – Local authority housing – Occupation – Possession – Secure tenancies – Survivorship

Common intention constructive trust – Property – Beneficial interest – Trusts of Land and Appointment of Trustees Act 1996 – Right to occupy – Compensation of occupation rent

Bankruptcy – Trust – Detriment by proxy – Presumption of beneficial ownership – Minor beneficiary – Insolvency – Detrimental reliance

Variation of Trust Act 1958 – Settled Land Act 1925 – application under s.1 of the 1958 Act – was the settlement for the benefit of the unborn and unascertained beneficiaries – was a further supplemental order required under either s.64 of the Settled Land Act 1925 or under s.57 of the Trustee Act 1925 – enlargement of administrative powers of the trustees – did Settled Land Act 1925 still apply to the Settlement.

Law of Property Act 1925, s.48 – Application to modify or discharge restrictive covenants – Status of objectors – Enforceability of restrictions between plot owners – Whether a building scheme

Restrictive covenants — modification — covenant restricting development to one dwelling per
plot — building scheme — proposal to erect two additional dwellinghouses upon part of the rear
gardens of 3 properties — whether practical benefits of substantial value or advantage secured by the
restrictions — application refused — Law of Property Act 1925, section 84(1)(aa)

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Whether any practical benefit served – Whether money an adequate compensation

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Whether restriction obsolete – Whether those entitled to benefit agreed – Whether any injury to them – Whether any practical benefit serve

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Ground (a): meaning of “obsolete”

Restrictive covenants – Building scheme – Enforcement – Necessary characteristics – Reliance on extrinsic evidence

Restrictive covenant – Rights of pre-emption – Enforceability against successors in title to original covenantor – Whether covenant in its nature truly a ‘restrictive covenant’ or rather a ‘money covenant’ with restrictive conditions – Whether right of pre-emption void as in breach of rule against perpetuities – Whether a proprietary right or merely contractual

Restrictive covenants – Annexation to land – Demise of covenantee – Enforceability of covenants

Restrictive Covenants – Discharge – proposed use of field as a farm strip for
private aircraft in close proximity to Sandown Airport – planning permission for construction of agricultural barn – whether to be used to hangar applicant’s aircraft – possibility of future unspecified use of application land – relevance of GPDO – Law of Property Act 1925 section 84(1)(a), (aa), (b) and (c) – application refused

Restrictive covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925

Restrictive Covenants – Modification – agricultural buildings – permitted
development for conversion into two dwellings with garages – hope value – Law of Property Act
1925 section 84(1)(aa) and (c) – application allowed under ground (c) – no sum awarded under
section 84(1)(i) or (ii)

Restrictive Covenants – Law of Property Act 1925 Section 84 – Application for discharge or modification of restrictive covenants – Covenants imposed by 1910 Deed – Deed no longer available – Whether objectors are entitled to benefit of the covenants

Law of Property Act 1925, s.84 – Restrictive covenants – Building scheme – Whether existence of covenants impeded reasonable use of land (ground (aa)) – Whether discharge or modification of covenant would injure person entitled to benefit (ground (c))

Law of Property Act 1925, s.84 – Restrictive covenants – Whether covenant obsolete (ground (a)) – Whether covenant impeded reasonable use of land (ground (aa)) – Whether covenant secured practical benefits of substantial value or advantage – Whether money an adequate compensation

Law of Property Act 1925, s.84 – Restrictive covenants – Whether covenants had become obsolete due to changes of character (ground (a)) – Whether existence of covenants impeded reasonable use of land (ground (aa)) – Whether money would be adequate compensation for modification

Restrictive covenant – Discharge or modification – Law of Property Act 1925, s.84 – Whether covenant in favour of Vendor only survived Vendor’s death – Covenant securing practical benefit of significant value or advantage

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Erection of new property to replace old – Extent of application of covenant – Whether benefits secured were practical, substantial and capable of being compensated by money

Restrictive covenant – Discharge or modification – Law of Property Act 1925, s.84 – Covenant not to use farm buildings other than for agricultural use or as a riding school and livery stable – Erection of residential property – Objection by neighbouring agricultural owner with development potential

Law of Property Act 1925, s.84 – Modification of restrictive covenant – Extent of building scheme – Effect of acquiescence to previous breaches of covenant on objectors’ position