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Barrister in private practice ' specialist areas include - Real property & disputes arising from the development of land - Land registration - Commercial L&T - Professional negligence ' arising from property transactions and property/L&T litigation - Probate & Inheritance Act - Franchising Tribunal Judge ' FTT (Property Chamber) (Land Registry) ' since summer 2005
A freeholder has leased the ground floor and basement of its pub to a tenant. Part of the basement (where the toilet facilities are located) is owned by a separate entity (under a separate registered title) who never transferred the land to the landlord but knew of the use, which has now been dissolved. It is not known if the Crown/Duchy of Lancaster has disclaimed the land. Sole access to the premises is via the landlord’s land. Can a claim for adverse possession under the new regime for registered land (based on 15 years ‘occupation’ and use) be made even though the owner has been dissolved. Does the fact that there is a commercial tenant affect the situation?
A garden which abuts a piece of unregistered land is approximately 9 feet above it. There is a steep drop to the land below and there is a risk of landslips in the future. Having established the owner of the unregistered land, are there any common law principles to clarify whose responsibility the boundary—a steep mud bank— is eg if the shoring/stabilising of the garden is the responsibility of either the owner of the garden, the owner of the unregistered land or both?
Can a buyer claim specific performance where a seller failed to complete a sale transaction for a house? Is the remedy of damages more appropriate? Are there case examples?
Can an easement be granted for the benefit of the dominant land where the grantee is not named—or is only identified as 'the owner of the freehold estate comprising the dominant land' (such freehold estate being identified in the deed of grant)?
Does Married Women's Property Act 1882, s 17 apply to engaged people and what is the process of starting a claim under this rather than a TOLATA 1996 claim for real property?
Does the Landlord and Tenant Act 1985 limit the term of contracts entered into for the provision of residential service charge items (ie qualifying long term contracts)? Does it make any difference where the qualifying long term contract was entered into at a point where the form of lease has been agreed and attached to exchanged agreements for lease but not yet completed?
Following the handing down of an order for sale, how are the contract and purchase deed executed? Does HM Land Registry have any formal requirements that need to be complied with when the purchaser files the AP1? Is it necessary to obtain the legal owner's signature on the documents for example where the legal owner refuses to co-operate in the sale?
If a wife jointly owns the family home with her husband (joint tenants) and he moves out, is there any restriction that can be put on the title to prevent him from securing a mortgage against the property without her consent?
Is a loan between two private individuals secured on the debtor's property by way of a legal charge enforceable?
Is it possible for three co-owners (A, B and C) to beneficially own a property so that A and B own 50% as joint tenants and C owns 50% separately? So if A died, B would automatically own 50%, and C would still own their 50%.
Where a conveyance specifically provides that a dividing wall is a party wall, is this sufficient evidence to prove that the wall is a party wall and owned jointly with joint liability for repair? Will it be presumed that the wall is physically positioned astride the boundary line? If the wall was in fact within the boundaries of one of the properties, would liability for repair still be joint?
LLM (Property)(Merit) - LSE (1990-2)
LLB - LSE (1982-5) Bar Course (1985-6)
LLB - LSE (1982-5)
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