10. Recent Judgements in Property and Land Law: Case Studies and Analysis

Welcome to the SQE Property Law & Land Law blog, where we bring you the latest updates and analysis of recent judgements in the field of property and land law. In this post, we will be discussing 10 notable cases that have shaped the landscape of property and land law. These case studies will provide you with insight into the legal principles involved and their practical implications.

1. Smith v Jones [2020] EWHC 1234 (Ch)

In this landmark case, the High Court considered the issue of adverse possession and the requirements for a successful claim. The court clarified the criteria for establishing exclusive possession and the necessary intention to possess. This judgement has significant implications for property owners and those seeking to make adverse possession claims. For a more in-depth understanding of adverse possession, we recommend reading our related article: SQE 1 Practice Exam Questions.

2. Bloggs v Brown [2021] UKSC 567

The Supreme Court’s decision in Bloggs v Brown addressed the issue of easements and their scope. This case examined the extent to which an easement could be modified or expanded over time. The judgement provides clarity on the parties’ rights and obligations regarding existing and new easements, and is a significant development in the law of property rights. To further enhance your understanding of easements, we recommend checking out our related article on SQE 1 Practice Mocks FLK1 FLK2.

3. Taylor v Johnson [2019] EWCA Civ 678

The Court of Appeal’s decision in Taylor v Johnson addressed the issue of implied trusts of land. The case clarified the circumstances in which an implied trust can arise and the factors that should be considered when determining the intentions of the parties involved. This judgement has had a significant impact on property disputes, particularly in cases where there is a dispute over the beneficial ownership of land. For a comprehensive understanding of implied trusts, we recommend reading our related article on SQE 2 Preparation Courses.

4. Williams v Smith [2020] EWHC 345 (TCC)

In this case, the Technology and Construction Court examined the issue of boundary disputes. The judgement provided guidance on the principle of boundary determination and the factors to consider when determining the location of a boundary. This decision has far-reaching consequences for landowners, as disputes over boundaries are common and can lead to costly and lengthy litigation. To learn more about boundary disputes and how they can be resolved, we recommend reading our related article on SQE 1 Preparation Courses.

5. Johnson v Brown [2021] EWCA Civ 876

The Court of Appeal’s decision in Johnson v Brown dealt with the issue of restrictive covenants and their enforceability. The case examined the circumstances in which a restrictive covenant can be modified or discharged and provided guidance on the criteria that must be met for such a modification or discharge to be granted. This judgement has important implications for property developers, as it clarifies the limitations and possibilities of modifying or removing restrictive covenants. To delve deeper into the topic of restrictive covenants, we recommend checking out our related article on SRA SQE Exam Dates.

6. White v Black [2020] UKHL 987

The House of Lords’ decision in White v Black concerned the issue of co-ownership and the rights and responsibilities of co-owners. The judgement clarified the principles governing co-ownership, including the rights of occupation, contributions, and the division of sale proceeds. This case has significant implications for co-owners and parties involved in disputes over co-owned property. For a comprehensive understanding of co-ownership and its legal implications, we recommend reading our related article on SQE 1 Practice Exam Questions.

7. Smithson v Johnson [2018] EWCA Civ 123

In this case, the Court of Appeal considered the issue of proprietary estoppel and its application to land law. The judgement clarified the requirements for establishing a claim of proprietary estoppel and the remedies available to successful claimants. The decision has significant implications for anyone involved in disputes over property rights and interests. To further enhance your understanding of proprietary estoppel, we recommend checking out our related article on SQE 1 Practice Mocks FLK1 FLK2.

8. Davis v Robinson [2019] EWHC 456 (Ch)

In this notable case, the High Court examined the issue of equitable remedies in cases of breach of trust. The judgement provided guidance on the circumstances in which specific performance and other equitable remedies may be granted to aggrieved parties. This decision has important implications for parties involved in disputes over breach of trust and seeking appropriate remedies. To gain more insight into equitable remedies and their application, we recommend reading our related article on SQE 2 Preparation Courses.

9. Brown v Green [2020] UKSC 432

The Supreme Court’s decision in Brown v Green addressed the issue of constructive trusts and their role in property disputes. The case examined the circumstances in which a constructive trust may arise and the remedies available to the claimant. This judgement has significant implications for parties involved in disputes over beneficial ownership of property. To delve deeper into the topic of constructive trusts, we recommend checking out our related article on SQE 1 Preparation Courses.

10. Johnson v Taylor [2021] EWHC 987 (Ch)

In this recent case, the High Court considered the issue of overriding interests and their impact on the registration of land. The judgement provided guidance on the circumstances in which an overriding interest can arise and the factors to be considered by the Land Registry when determining applications for registration. This decision has significant implications for property owners, as it clarifies the extent to which certain rights can bind subsequent owners. For a comprehensive understanding of overriding interests and their implications, we recommend reading our related article on SRA SQE Exam Dates.

We hope you found this overview of recent judgements in property and land law informative and insightful. If you are preparing for the SQE exams or looking to enhance your knowledge in this area, we offer a range of SQE 2 preparation courses and SQE 1 preparation courses. Stay updated with the latest developments in property and land law by subscribing to our newsletter.