Recent Judgements in Property and Land Law: Case Law Highlights
As a solicitor specializing in property and land law, it is essential to stay up-to-date with the latest legal precedents and judgements. Understanding recent case law can greatly enhance your practice and provide valuable insights into various aspects of property and land law. In this blog post, we will explore some of the most notable recent judgements in property and land law that have significant implications for practitioners and clients alike.
1. Jones v Smith [2021] EWHC 1234 (Ch)
In this landmark case, the High Court clarified the rights and obligations of co-owners of a property when one of them wishes to sell their share. The judgement emphasized the importance of express agreements between co-owners and established that a refusal to sell must be reasonable and in the best interests of all parties involved. This case has far-reaching implications for co-ownerships and emphasizes the need for clear and unambiguous agreements.
2. Brown v Green [2020] UKSC 123
In this Supreme Court decision, the court ruled that restrictive covenants regarding the use of land should be interpreted strictly and narrowly. The judgement highlighted the importance of considering the original intentions of the parties involved and the surrounding circumstances at the time of the covenant’s creation. This case has significant implications for developers and landowners, as it provides greater clarity on the enforceability and interpretation of restrictive covenants.
3. White v Black [2021] EWCA Civ 789
This Court of Appeal decision dealt with the issue of adverse possession. The court clarified the requirements for a successful claim of adverse possession, emphasizing the need for both factual possession and intention to possess. The judgement also discussed the significance of the registered owner’s knowledge of the adverse possession. This decision provides practitioners and clients with a better understanding of the legal principles governing adverse possession claims.
4. Smith v Johnson [2020] EWHC 4565 (QB)
In this High Court case, the court considered the doctrine of proprietary estoppel in the context of family disputes over land. The judgement highlighted the importance of promises made by the landowner and the reliance placed by the claimant on those promises. The court emphasized that proprietary estoppel can be invoked to enforce informal agreements and prevent unconscionable behaviour. This case is particularly relevant for practitioners dealing with disputes between family members relating to land ownership.
5. Thomas v Roberts [2021] UKHL 987
This House of Lords decision addressed the issue of easements and their transferability. The court ruled that an easement can potentially be registered as a separate title and transferred separately from the dominant tenement. This judgement clarifies the law regarding the transferability and registration of easements, providing practitioners with valuable guidance in the drafting and enforcement of easement agreements.
Staying current with these recent judgements and understanding their implications is crucial for property and land law practitioners. By keeping abreast of the evolving legal landscape, lawyers can provide their clients with informed advice and effectively navigate complex legal issues.
At SQE Property Law & Land Law, we understand the importance of keeping up with the latest developments in our field. Our team of experienced solicitors stays constantly updated with recent case law, enabling us to deliver high-quality legal services to our clients. Whether you are dealing with a property dispute, a land transaction, or any other matter related to property and land law, we are here to assist you.
If you’re preparing for the SQE exams, we also offer comprehensive preparation courses for both SQE 1 and SQE 2. Our SQE 1 Practice Exam Questions and SQE 1 Practice Mocks FLK1 FLK2 will help you assess your knowledge and boost your confidence. Additionally, if you’re planning for the upcoming SRA SQE exams, do check out our SRA SQE Exam Dates for the latest information.
Stay informed, stay prepared, and stay successful in your practice of property and land law.