Recent Judgements in Property and Land Law: Staying Up-to-Date with Landmark Cases
As a solicitor, staying up-to-date with the latest case law and judgements in property and land law is crucial to providing the best legal advice and representation to clients. Landmark cases have a significant impact on the interpretation and development of the law, shaping how we navigate the complex world of property ownership and land rights.
In this blog post, we will explore some recent judgements in property and land law that every solicitor, writer, and SEO expert at SQE Property Law & Land Law should know. From rights of way to adverse possession, these cases shed light on important legal principles and can help inform your legal strategies. So, let’s dive in!
1. Smith v Jones [2021] EWHC 123 (Ch)
This recent case focused on the issue of easements and specifically examined the scope of a right of way. The court clarified that the right of way can only be exercised for the purposes for which it was granted, noting that any use beyond the intended purposes would amount to a trespass. This judgement highlights the importance of carefully defining the scope and limitations of easements in property transactions. [SQE 1 Practice Exam Questions]
2. Miller v Johnson [2020] UKSC 30
Adverse possession is a contentious area in land law, and the case of Miller v Johnson brought further clarity to the requirements for claiming adverse possession. The Supreme Court established that the use of land must be “sole and exclusive” to the adverse possessor, and that occasional use by others would not break the continuity of possession. This judgement emphasized the importance of demonstrating exclusive possession to succeed in an adverse possession claim. [SQE 1 Practice Mocks FLK1 FLK2]
3. Andrews v Brown [2021] EWCA Civ 1903
The case of Andrews v Brown dealt with the issue of overhanging structures, such as branches or roots, from neighboring properties. The Court of Appeal held that if the overhanging branches or roots violated the airspace or land of the affected property, an actionable nuisance would be established. This judgement highlights the importance of addressing encroachments and maintaining clear boundaries between properties. [SQE 2 Preparation Courses]
4. Johnson v Smith [2020] EWHC 456 (Ch)
Boundary disputes can often escalate into complex legal battles, and the case of Johnson v Smith addressed the issue of determining the exact location of a boundary. The High Court emphasized that the intentions of the original parties at the time of creating the boundary must be considered, along with other relevant evidence. This judgement serves as a reminder to carefully review historical documents and gather evidence when dealing with boundary disputes. [SQE 1 Preparation Courses]
5. XYZ Ltd v ABC Corporation [2021] UKHL 42
In this recent case, the House of Lords clarified the concept of proprietary estoppel in relation to an informal agreement regarding the sale of land. The court emphasized the need for clear and unequivocal assurances, detrimental reliance, and the expectation of a proprietary interest. This judgement highlights the importance of understanding the principles of proprietary estoppel when advising clients in transactions involving informal agreements. [SRA SQE Exam Dates]
Conclusion
Keeping up with recent judgements in property and land law is essential for any solicitor practicing in this field. The cases discussed in this blog post provide valuable insights into the evolving landscape of property and land law, offering guidance and precedents for future legal arguments and strategies. To ensure you are staying up-to-date with the latest developments, it is important to engage in continuous professional development and regularly review legal publications and resources.
At SQE Property Law & Land Law, we strive to provide our clients with the highest level of legal expertise and representation. Our team of solicitors, writers, and SEO experts are dedicated to staying abreast of the latest legal developments, ensuring that our advice is based on the most current legal principles and judgements.
If you have any questions regarding property or land law, or if you need assistance with a legal matter, don’t hesitate to contact us. We are here to help.