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Rectification of title – what is ‘exceptional’?

The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in relation to land in their possession unless: 
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Right of way – not extinguished orally

In an unsurprising judgment, the HC has held that a right of way is not extinguished by an oral agreement.
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Fixtures – what passes on sale of land?

Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has considered this case law in the very current context of solar panels. 
 
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Injunction against persons unknown - test

A further remedy available to landowners facing trespass is an injunction against persons unknown. The courts will be cautious in granting such an injunction and the CA has recently set out a useful test for the courts to apply when considering an application for an injunction against unknown persons:

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Eviction of squatters - what are the options?

Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a wall on lands to which they do not have title, or where a commercial tenant holds over after a notice to quit. A useful article summarises the three types of possession proceedings available to the landowner in these circumstances:

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Electronic Communications Code – review

The Electronic Communications Code came into force on 28 December 2017. Its purpose is to make it easier for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. 
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Recreational activity – can be an easement

An easement is a non-personal right exercised over land owned by another. They can be created in a number of ways, including formal grant, prescription, long use, custom or by the operation of s62 LPA 1925. 
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Cautions against first registration – a reminder

A caution against first registration is a form of protection for interests affecting unregistered land. Its effect is to require HMLR to give the person who has applied for the caution – the cautioner – notice of an application for first registration of the legal estate which the cautioner claims is affected by an interest to which they are entitled (and of an application for first registration of certain other estates).

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Prescriptive easement – protection

Prescription is the acquisition of a right through long use or enjoyment – the law presumes that the right was lawfully granted. There are three ways to acquire an easement by prescription:

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Proprietary estoppel – successful claim

Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do so. It is an equitable remedy which means that the court has a discretion whether or not to give relief. There are three elements which must be satisfied for a proprietary estoppel claim to succeed:

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Rectification of title – what is ‘exceptional’?
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The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
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