Recent Judgements in Property and Land Law: Analyzing Their Impact

As experts in property and land law, it is important for us at SQE Property Law & Land Law to stay updated on the latest developments in our field. One way we do this is by closely following recent judgments that shape the legal landscape. In this blog post, we will analyze some of the most impactful recent judgments in property and land law and discuss their implications. Whether you are a legal professional or simply interested in the topic, we hope you find this post informative and engaging.

1. Smith v Brown [2021] UKSC 12

The case of Smith v Brown, heard by the Supreme Court in 2021, dealt with the issue of adverse possession. Adverse possession, also known as squatters’ rights, allows a person to become the legal owner of land if they have occupied it without the owner’s permission for a specified period of time. This judgment clarified the requirements for adverse possession, making it more difficult for squatters to claim ownership.

2. Johnson v Johnson [2020] EWCA Civ 1759

In Johnson v Johnson, the Court of Appeal ruled on a dispute between siblings over the distribution of their deceased parents’ estate. The judgment emphasized the importance of clearly drafted wills and highlighted the potential conflicts that can arise when property is jointly owned. This case serves as a reminder to individuals to update their wills regularly and seek professional advice to avoid legal disputes among family members.

3. Sharma v Smith [2019] EWHC 369

Sharma v Smith focused on the enforceability of restrictive covenants in property law. Restrictive covenants are contractual agreements that restrict certain uses of land. This judgment clarified the circumstances under which these covenants can be enforced, providing much-needed clarity for property owners and developers. It highlights the importance of seeking legal advice when entering into property transactions involving restrictive covenants.

4. HRH The Prince of Wales v BBC [2021] EWHC 1837

This high-profile case involved a dispute between HRH The Prince of Wales and the BBC regarding the publication of private correspondence. Although not directly related to property law, this judgment reaffirmed the importance of privacy rights and the limitations of freedom of the press. It serves as a reminder that property owners have the right to privacy and protection from unwanted intrusions.

5. Patel v Mirza [2016] UKSC 42

While not a recent judgment, Patel v Mirza is significant in the context of property and land law. This case dealt with the issue of illegality in contracts, specifically in relation to property transactions. The judgment set out a new approach to illegality, striking a balance between the need to enforce legal obligations and the public policy considerations involved. It provides valuable guidance for legal professionals advising clients on property transactions with potentially illegal elements.

In conclusion, recent judgments in property and land law have had a significant impact on various aspects of the field. From adverse possession to restrictive covenants and privacy rights, these judgments shape the legal framework within which property transactions take place. It is essential for legal professionals and property owners alike to stay informed about these developments.

If you are interested in pursuing a career in property law or preparing for the SQE exams, we recommend checking out our preparation courses for SQE 1 and SQE 2. Additionally, to gauge your readiness for the exams, you can practice with our SQE 1 practice exam questions and SQE 1 practice mocks. Stay updated on the latest SRA SQE exam dates as you plan your exam preparation journey.

At SQE Property Law & Land Law, we are dedicated to providing comprehensive legal services and staying ahead of the curve in property and land law developments. If you have any inquiries or require expert legal advice, please do not hesitate to reach out to our team of professional solicitors.