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The devil is in the detail: Ensure that a private lane can be adopted as a public highway

by bawilliams | May 12, 2025 | Property Law

The High Court has recently delivered a stark warning to property developers and landowners about the importance of clearly defined and achievable obligations when it comes to the adoption of estate roads by local authorities (LAs). Background: By a transfer dated 26...

When regulatory breaches impact property ownership rights

by bawilliams | May 7, 2025 | Property Law

The High Court looked at a case where an unauthorised person entered into a regulated sale and rent-back agreement (SARBA) and whether the successor in title was bound. Background: Mr. and Mrs. Orchard were the registered freehold owners of the property until 26...

Unjust enrichment claims and improvements to property within familial relationships

by bawilliams | Apr 28, 2025 | Property Law

The High Court heard an appeal against a court order that dismissed a claim against the appellant’s mother and half-brother. Background: David Jones, the appellant, claimed that he was entitled to the entire beneficial interest in Trigfan, the property which was...

Do oral boundary agreements bind successors in title?

by bawilliams | Apr 23, 2025 | Property Law

The Court of Appeal (CoA) was faced with the question of whether a boundary agreement binds successors in title and, if so, only if they have knowledge of the agreement. Background: Mr. White and Mr. and Mrs. Alder are neighbours. Mr. White is the registered freehold...

Service charges are payable after they have been properly demanded

by bawilliams | Apr 16, 2025 | Property Law

The Court of Appeal (CoA) clarified the jurisdiction of the First-tier Tribunal regarding service and administration charges under lease agreements. Background: The lease dated March 2006 was entered into before the right to manage (RTM) company took over...

Mobile homes can be subject to Council Band D Tax

by bawilliams | Apr 10, 2025 | Property Law

The High Court heard an appeal challenging the council's decision to place a mobile home in a D band based on reliance on comparable settlements due to the absence of direct sales evidence.   Background: Mr. Lewis purchased a mobile home at Cambrian...
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