It is possible to claim a prescriptive easement over registered land subject to a trust. The register of title at HM Land Registry records the ownership of the legal estate and is not concerned

A prescriptive easement may be established by long use: • at common law • under the doctrine of lost modern grant, or • by statute (the Prescription Act 1832 (PA 1832)) Common law long use easements are increasingly uncommon, as they are based on establishing a presumed grant of right made prior to 1189. Accordingly, the latter two are the more commonly relied on methods of establishing prescriptive easements. PA 1832 This may arise if it can be established that there has been 20 years' continuous enjoyment of the right up to the date of 'some suit or action', ie proceedings regarding the right. The user must have been continuous in the sense that the claimant has exercised the right he asserts whenever he wished and there are no intervals of such length as to show the alleged user really amounts to no more than isolated acts. The

The parents should be entitled to a refund provided they sell their previous main house within three years after the bare trust purchases the property. In the case of an acquisition of UK land by a trustee of a bare trust, by virtue of paragraphs 10(2) and (3) of Schedule 4ZA to the Finance Act 2003 (FA 2003) (where the acquisition is the grant to the bare trustee of a lease) and FA 2003, Sch 16, para 3(1) (where the

Generally speaking, the owner of land as defined by section 205(1) of the Law of Property Act 1925 owns both the physical property, such as the building and soil comprising a property, as well as incorporeal hereditaments, ie rights such as easements. The owner of land is also the owner of the lower stratum of the airspace above the property, but not the airspace in the higher stratum, being the airspace sufficiently high so as not to be reasonably necessary for the ordinary use and enjoyment of the land, see section 76 of the Civil Aviation Act 1982. The doctrine of adverse possession operates so as to provide that a person who

This Q&A is relevant to claims in relation to freehold registered land. Ownership of the land by the council does not prevent it being adversely possessed. Whether the claim of adverse possession is successful will depend on the usual legal rules. First, a claimant must establish two things: factual possession of the area claimed (the Disputed Part) and the requisite intention to adversely possess. Factual possession requires that a ‘squatter’ must have an appropriate degree of physical control of the Disputed Part, exercise the possession exclusively and deal with the Disputed Part as an occupying owner might expect to deal with it and no one else has done. Ultimately, this is a matter of fact, depending on all the circumstances and the nature of the Disputed Part itself. For the

For the purposes of this Q&A there are three important dates. There is the date of filing of the application for the patent, there is the date of the publication of the application for the patent (the publication date) and there is the date of grant. • the date of grant is the date on which the state officially recognises that the patent application is regular and valid and is the date when that decision is published in the government list of notices (called the London Gazette) • the date of filing is the date when the application for the

The general position is that, where parties have provided that liquidated damages (LADs or LDs) will be payable by the contractor if completion is delayed, this will be the employer’s sole remedy for such delay. In this situation, the employer will therefore not be able to seek general (ie unliquidated) damages from the courts in addition to, or instead of, claiming LADs—whether or not the parties have used express ‘sole remedy’ wording. This is illustrated particularly in cases where parties have inserted ‘nil’ or ‘N/A’ as the amount of LADs payable. For example, in Temloc v Errill Properties, the parties had inserted ‘nil’ in the contract particulars against the amount of LADs payable. The court held that the effect of this was that LADs were still the employer's sole remedy for delay damages under the contract, but the parties had agreed the amount would be nil. The

For a detailed explanation of the transferable nil rate band (TNRB), see Practice Note: IHT—nil rate band (NRB) and transferable NRB. As you will note, the TNRB is usually claimed on the death of the second spouse (B) to die. However, it may also

Removal of an executor Unlike a trustee, a personal representative, whether an executor or an administrator, cannot retire from that office without an order of the court. It has to be done by an application to the court to exercise its power under Section 50 of the Administration of Justice Act 1985 (AJA 1985) to replace or remove a personal representative. See Practice Note: Removal, renunciation and retirement of personal representatives. Tomlin order A Tomlin order is an order compromising a claim brought in proceedings by ordering that the proceedings be stayed save for the purpose of enforcing the terms of a compromise agreement scheduled to the order, and giving permission to the parties to apply to enforce those terms within the proceedings if necessary. This means that the schedule has the force of an agreement between the parties rather than an order of the court, and it is not necessary for the claimant to establish

It is possible to issue a divorce application in England and Wales without the applicant's home address or other contact details, even if there are no concerns as to safety, unless the court directs otherwise. The position is covered by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,

It is possible for the term and rent commencement dates to be stated to commence before completion of the farm business tenancy but the term commencement date will be construed to be the date the tenancy is entered into (see Keen v Holland; Roberts v Church Comrs for England). In Trane (UK) Ltd v Provident Mutual Life Assurance, the court considered the effect of a lease which states a commencement

The Government Legal Department (GLD) is the government department in England and Wales dealing with bona vacantia property on behalf of the Crown. Within GLD, there is a specific Bona Vacantia Division (BVD). The Treasury Solicitor (TSOL) acts as the Crown’s Nominee for the collection and disposal of bona vacantia and is the Solicitor