Section 102B of the Finance Act 1986, provides that a gift of an undivided share of an interest in land made on or after 9 March 1999 is treated as a gift with reservation of benefit in the relevant period unless: • the donor does not occupy the land • the donor occupies the land to the exclusion of the donee for full consideration in money

Where an executor is appointed by a Will, they derive title from the Will and the property of the deceased vests in them from the moment of the testator’s death, including any causes of action. A cause of action survives the testator’s death and devolves to the executor, (save in respect of claims for defamation and certain rights that were personal to the deceased) pursuant to section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. An executor appointed by the deceased may maintain actions as a claimant before probate has been granted, if they are founded on the executor’s actual possession of the property that is the subject of the litigation before it came into the hands of the defendant. Such possession establishes a prima facie title in them that enables them to sue for their

Traditionally, a squatter's application is made using Form Application for Registration of Person in Adverse Possession supported by a statutory declaration or statement of truth. Since revisions to the Land Registration (Amendment) Rules 2008 (LR(A)R 2008), SI 2008/1919 and HM Land Registry Practice Guide 4 on adverse possession of registered land, statements of truth on Form Statement of truth in support of an application for registration based upon adverse possession are now acceptable evidence for land registration purposes, and can be used as evidence in support of an application for adverse possession instead of a statutory declaration. We refer you to LR Practice Guidance 4 at 12.1, which states: 'For land registration purposes, a statement of truth is defined as follows (rule 215A of the Land Registration Rules 2003). • it is made by an individual in writing

There is no hard and fast rule when it comes to interpreting easements, each one turns on its facts. However, the starting point with an expressly granted easement will always be the deed granting the easement which the court will interpret in its entirety and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land (William v James). In certain circumstances,

Arbitration analysis: On 29 November 2021, the establishment of the Asian-African Legal Consultative Organization (AALCO) Hong Kong Regional Arbitration Centre was officially announced at the 59th Annual Session of the AALCO. Joseph Chung, partner, and Leo Wong, senior associate in the international arbitration practice at Deacons discuss the implication of this development.

Information Law analysis: Victoria Hordern, partner at Taylor Wessing LLP, discusses the Data (Use and Access) Bill, how it differs from previous proposals, who will be impacted, and key takeaways for data protection and privacy practitioners.

Arbitration analysis: Tim Rauschning, senior associate at Luther, discusses the EU’s proposals for the modernisation of the Energy Charter Treaty (ECT), highlighting its most notable revisions and additions, analysing how the proposal align with the EU/EU Commission’s overall investment and dispute settlement agenda, and sets out the next steps in the ECT modernisation process.

• How can the legal ownership of the land be transferred from the existing legal owners/trustees to new trustee club members? • The club wishes to sell part of the parcel of land. How should the beneficial interest of the club members be protected? This question raises the issue of land being held by trustees for the benefit of others and how it can be transferred to reflect changing circumstances. It raises aspects of the operation of the Land Registration Act 2002 (LRA 2002). In the present case, the land is said to be held for the benefit of the members of a club. That club is said to be an unincorporated association. This distinguishes it from an incorporated body which enjoys a different legal status from its officers and members. Absent fraud, the directors and shareholders of a company will usually be regarded

We have assumed that cohabitant A has sole legal ownership of the property. This raises the question of whether a cohabitant is to be viewed as a tenant or as a lodger/licensee. A tenancy is a legal interest in property. In contrast, a licence is simply a personal permission to occupy a property and does not provide long-term security for the licensee. A licensee is typically entitled to only a very basic level of protection from eviction. In the private housing sector, nearly all residential tenancies created on or after 15 January 1989 are assured or assured shorthold

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) relates only to interests in land (TOLATA 1996, s 14) or the proceeds of sale of land (TOLATA 1996, s 17). It enables the court to make a declaration as to ownership and an order for sale. However, a trust of land is defined to include a mixed trust comprising both land and personal property (TOLATA 1996, s 1(1)(a)). If therefore the parties own a mooring or such like to which the houseboat is attached, it may be possible to bring an application for an order for sale within TOLATA 1996. If the parties were formerly engaged

The position is that if the company will be asking for donations to the charity as part of its engagement, solicitation statements must be made under Scots law. The law requires such commercial

The purpose of a rent review memorandum is to record the fact that a rent review has taken place, and its outcome. The lease is likely to prescribe the rent review procedure and the memorandum will document the parties’ agreement. If the review has followed the procedure set out in the lease, it is unlikely that the memorandum will constitute a variation of the lease, because it is simply recording a process