EG 15-08-20

 EG 15-08-20 App only edition

Adverse possession

Dowse v City of Bradford Metropolitan District Council [2020] UKUT 0202 (LC) - interesting case as the ground c exceptional case in an LRA02 application. It must adjoin the whole of the owned land, not just a part of it, also questioned whether the ‘reasonable belief’ of ownership could be possible if there had been previous disputes over it!

Legal Professional Privilege 

Reviews two Court of Appeal decisions to answer two crucial questions:

  1. To what extent is the test for legal advice privilege different from the test for litigation privilege?
  2. To what extent can a confidential document emanating from a non-lawyer containing legal advice be privileged?

The latter question is particularly important in the modern commercial environment where a document might emanate from one department of a large company but may be considered by several different departments within that organisation, including the legal department.

Good one for property litigators

The great British railway property journey

Excellent article looking at the pitfalls of developing by a railway or buying railway land for development. Searches and enquiries, title issues - covenants, antiquated deeds, research, Network Rail, asset protection agreements, Railway Arches, etc.

Expert Knowledge required

Status, court directions under CPR part 35, what can go wrong, guidance for RICS experts, fees, and the Horsford case on enforcement of fee orders

Greening the economic recovery

Looks at climate change recommendations for buildings

Why e-signatures are the new norm for real estate

Second of 2 excellent articles, LR’s new policy issued on 27th July accepting e-signed documents subject to three requirements and limitations on their use

How did a covenant against further building operate in the wake of a fire?

Briant v Baldacchino [2020] UKUT 0206 (LC) was an application under s.84(1) LPA25 for modification of a covenant against building where the original property had been burnt down and the owner wanted to rebuild it. Failed as they wanted to build a larger house that the destroyed cottage or 2 houses. . Indicated a more modest proposal for replacement of similar building wold be approved

The future of home ownership: missed opportunities?

Article commenting on the Law Commissions proposals for reform, including commonhold. Given past experience and changes will take years anyway..

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