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Boundary disputes – protocol

The Hardwicke article above refers to the Boundary Disputes Protocol as a good place to start when faced with a boundary problem. It has no status in law but it is a guide to best practice and observance of it would no doubt be looked at favourably by a court in any eventual proceedings.
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Boundary disputes – the essentials

Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An excellent article from Hardwicke Chambers reminds practitioners of some of the key issues in relation to boundary disputes including:
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Oral trust for third party – not binding

A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that:
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Beneficial ownership – reminder of key points

Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are:
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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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