Max Thorowgood comments on the government response to the Law Commission’s recommendations for updating the Land Registration Act 2002 and highlights key recommendations as well as criticisms of the report.
Max Thorowgood reviews this High Court case in which he represented the appellants. The claimants claimed title to a passageway between two commercial buildings by reason of adverse possession.
Must a claimant of rectification for common mistake show that the parties actually (subjectively) shared the same mistaken belief as to the meaning of the contract? Yes, said the Court of Appeal in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd  EWCA Civ 1361.
Property barrister and sitting judge at the First Tier Tribunal Max Thorowgood, presided over a light-hearted mock tribunal trial as part of the Southampton Property Association (SPA’s) annual CPD event on 5 April. Delegates said they found the mock trial of an adverse possession case ‘interesting from a work perspective’ and ‘entertaining’. Property and public […]
Is it possible to be in adverse possession of land of which you are the registered proprietor ? Yes, says the Court of Appeal in Rashid v Nasrullah.
Field Court Chambers is delighted to announce that Max Thorowgood has been appointed as a fee-paid Judge of the Residential Property Tribunal and has been assigned to the Eastern Region. This appointment means that Max currently sits part-time as a Judge of both the Land Registration and the Residential Property Divisions of First-Tier Tribunal, Property […]
I have been keeping a close eye on this one, for reasons which will be obvious if you read the judgment! The jurisdiction of the Land Registration Division of the FtT is limited by the scope of ‘the matter’ referred to it by HM Land Registry. HHJ Dight’s decision in Murdoch v Amesbury  UKUT […]
Between 1992 and 2005 the Claimant worked for the Defendant (his brother in law) renovating properties. He was not paid but he was assured that he would either be paid or receive a property of equivalent value to his work when the Defendant could afford to do so. The arrangement came to an end when […]
Max’s clients (together with the Applicants who were the original registered proprietors of the subject-property) were victims of fraudsters who procured the registration of the title to a substantial property in North London in their names and then sold it to Max’s clients, allegedly at an under-value. The Applicants sought the alteration (as opposed to […]
Is the creation or cancellation by the Land Registrar of an entry on the Register in reliance upon a voidable disposition mistaken for the purposes of Schedule 4 Land Registration Act 2002 ? No, says the Court of Appeal but, once the transaction has been set aside, the Register can be altered so as to bring it up to date. It […]