Overriding interests: Caretaking in context

University of Wolverhampton | Property Law Journal | September 2021 #390
Sukhninder Panesar explores a recent decision, which revisits the threshold required to be in actual occupation In relation to where an owner of land authorises a caretaker to look after the land, the question is whether a caretaker can be in occupation of the land on behalf of the owner? It is trite law that …

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Title Guarantee: Worth its weight

Bryan Cave Leighton Paisner LLP | Property Law Journal | June 2016 #342
Roger Cohen summarises a series of cases which demonstrate the issues that can arise when a title is registered by fraud or error ‘Disputes can arise between competing innocent owners and between the innocent victim and the Land Registry as provider of the indemnity.’ The elevator pitch for the system of title by registration in …

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Easements: Protect it or lose it!

Dechert LLP | Property Law Journal | March 2012 #285
Gillian Baxter reflects on when an informally created easement is enforceable against a purchaser of the land over which it is exercised ‘To provide greater certainty, the Land Registration Act 2002 reduced the number of unregistered rights that bind a purchaser, making it even more important that easements are protected on the register.’ A recent …

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