Case Round-Up 2016: Learning curve

Osborne Clarke | Property Law Journal | February 2017 #348
Ed Socha and Matthew Prendergast set out valuable lessons from key cases in 2016 ‘The purpose of a qualified covenant is to protect the landlord from having their premises undesirably occupied. A landlord is not entitled to refuse consent on grounds unrelated to the landlord and tenant relationship.’ With one eye on the future, the …

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Prescriptive Rights: Visible signs

Farrer & Co | Property Law Journal | February 2017 #348
Andrew Wade reviews the current position on signage and establishing prescriptive rights ‘Signs either prohibiting or permitting use for recreational activities can be used to prevent a successful town and village green application.’In the 2016 case of Winterburn v Bennett, Richards LJ commented that: Most people do not seek confrontation… Most people do not have …

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Adverse Possession: Verging on the extreme

Nabarro LLP | Property Law Journal | December 2016/January 2017 #347
Laura Cole and Edward Gamble discuss the best way to deal with squatters ‘Land owners should carry out regular inspections of land, particularly in locations such as vacant units, open spaces or dilapidated premises prone to occupation by optimistic occupiers.’ Although we are all familiar with the concept of squatters, a person can only claim …

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Easements: Sign of the times

Henderson Chambers (Chambers of Charles Gibson QC) | Property Law Journal | September 2016 #344
Lucy McCormick analyses two recent Court of Appeal cases that emphasise the importance of signage on private property ‘Putting up an appropriate sign is an inexpensive (and relatively polite) way to prevent others acquiring rights over land.’In a landmark easement decision, the Court of Appeal has recently given judgment in Winterburn v Bennett [2016]. The …

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