Land Registration and its circumvention

Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register (unless they are unable to do so, for example because their interest […]

Jones v Kernott: Ending the big debate?

One of the things I really don’t like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives.  What got me through land law as a student was Gray and Symes’ […]

Jones v Kernott: The Headline

I’ve got parental duty so can’t do a full note on Jones v Kernott [2011] UKSC 53 now.  The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is disagreement on the principles (esp Lord […]

Trial Separation

Quigley v Masterson [2011] EWHC 2529 (Ch) raises an interesting point about the severance of a beneficial joint tenancy. The background is sadly familiar. The late Mr Pilkington formed a relationship with Mrs Masterson. They lived together in a house as joint legal and beneficial tenants. Their relationship broke down and Mrs Masterson (together with […]

Rolling Back the Years: Estoppel and s.2

[Edit NL 21/6/2011. Owing to some enthusiasm by contributors and an evening off editing by me, we have two reports on this case done on the same evening. I’ve kept both because they present interestingly different approaches to the issues in this case, but I’ve combined them. First, strictly temporally, is David Smith’s version, followed […]

What’s yours is mine (in variable proportions)

Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my hobbyist’s interest at your expense. The […]

Sale and rent back – coming soon?

Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former home-owners sold their homes (generally at a substantial discount) to sale […]

Oh dear, oh dear …

Ashby v Kilduff [2010] EWHC 2034 (Ch) (available on Lawtel and through the Chief [those special powers again]) [edit: now on BAILII too) is about the proprietary consequences of the unhappy demise of the relationship between David Ashby, the former Tory MP, and Roderick Kilduff.  I’m never disposed to feeling empathy with Tory MPs (ex […]

Intention, intention, intention

Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam scripts), that intention is what determines the type of interest created or transferred […]

Less than ambulatory intentions

Kernott v Jones [2010] EWCA Civ 578 This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which seemed to turn more on an idea of fairness […]