Recent Judgements in Property and Land Law: Important Legal Developments
In the world of property law, there are always new and important legal developments that can have a significant impact on both individuals and businesses. Keeping up with these developments is crucial for solicitors and legal professionals in order to provide the best advice and representation to their clients. In this blog post, we will explore some of the recent judgements in property and land law that have shaped the legal landscape.
1. R (on the application of Smith) v Secretary of State for the Environment, Food and Rural Affairs [2021] UKSC 45
In this landmark case, the Supreme Court clarified the law on village greens and the procedures for registering land as a village green. The court held that a claim to register land as a village green can be made even if the land was originally privately owned, as long as it has been used by the local community for recreational purposes for a significant period of time. This judgement has important implications for communities seeking to protect open spaces and recreational areas.
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2. Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ 1082
This case highlighted the importance of due diligence in property transactions and the liability of solicitors in cases of identity fraud. The Court of Appeal held that a solicitor acting for a purchaser can be liable for breach of trust if they fail to take reasonable steps to establish the seller’s true identity. This judgement has led to increased scrutiny and measures to prevent fraud in property transactions.
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3. Manchester Ship Canal Company Ltd v Vauxhall Motors Limited [2021] EWHC 1617 (Ch)
This recent case dealt with the interpretation of contractual rights and the scope of easements. The High Court held that the right to use a canal for transportation purposes did not extend to the right to dredge the canal and remove sediment. This judgement provides clarity on the limitations and extent of easements, which are essential for property owners and developers when negotiating and interpreting contracts.
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4. Sainsbury’s Supermarkets Ltd v Wolverhampton City Council [2020] UKSC 44
In this case, the Supreme Court revisited the law on business rates and the valuation of properties for tax purposes. The court held that ATMs located within retail stores should not be separately assessed for business rates. This judgement has significant implications for businesses with ATMs and changes the way local authorities assess the value of properties for tax purposes.
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These recent judgements in property and land law demonstrate the evolving nature of the legal landscape and the importance of staying up to date with key developments. As a solicitor or legal professional, it is vital to have a comprehensive understanding of these judgements to effectively advise and represent clients in property and land-related matters.
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Please note that the information provided in this blog post is for informational purposes only and should not be taken as legal advice. If you require specific legal advice, please consult with a qualified solicitor who can consider your individual circumstances.