Publications

25 March 2026

Encroachment – adverse possession by long leaseholders

Max Thorowgood discusses a familiar scenario: a long leaseholder takes possession of some loft space, a balcony or a roof terrace. It is outside their demise. But it is only accessible from their demised premises. It seems ‘obvious’ that in such a case, provided the lessee remains in possession for sufficient time to bar the landlord from taking proceedings to eject them, that the lessee should acquire title to the ‘adversely possessed’ land. Needless to say, the position is not that straightforward.

16 March 2026

Christopher Stirling discusses “The lesser known ‘acquisition constructive trust’ after Khan v Khan [2025] EWCA Civ 1436 and why financial remedy lawyers need to know about it”

Financial Remedies Journal (FRJ) has published Christopher Stirling's article 'The lesser known 'acquisition constructive trust' after Khan v Khan [2025] EWCA Civ 1436'. He highlights significant points for financial remedy and property lawyers more generally to know about.

12 December 2025

John Critchley co-authors article on assisted suicide and administration of estates for New Law Journal

John Critchley has co-written an article for New Law Journal on the evolving interrelationship between assisted dying, public policy and estate administration and the approach of the courts. He and his co-author Alexa Payet of Michelmores LLP have acted in all the key decisions in this area.

03 November 2025

The Renters’ Rights Act 2025: what do you need to know?

The Renters’ Rights Act represents the most significant overhaul of private rental law in a generation. By abolishing the familiar Section 21 “no-fault” route to possession and consolidating all private tenancies into open-ended assured tenancies, the Act reshapes the delicate balance between landlord flexibility and tenant security. It also reconfigures the web of statutory compliance duties that have, until now, functioned as “technical bars” to possession.

17 October 2025

Where now for the ‘right’ to park ? Stenner v Teignbridge DC [2025] UKUT 204 (LC)

In Stenner v Teignbridge DC [2025] UKUT 204 (LC) the Applicant claimed a right to store boats on a small part of the Respondent Council’s car park during the winter months. The application was confined to the small area of land said to be subject to the right and for a limited period, 1st October to 31st May. The FTT (Colin Green) rejected the application on the basis that the ouster principle was engaged and that the right claimed effectively denied the servient owner any reasonable use of the land subject to the right during the period in respect of which it was claimed.

06 October 2025

Switching schemes and an erroneous email address: more tenancy deposit issues in the County Court

Hot on the heels of the Court of Appeal decision in Lowe v The Governors of Sutton's Hospital In Charterhouse, the county court decision in Macintyre v Cowdray Trust Ltd and Rathbones Trust Company provides encouragement to both landlords and tenants on the thorny issue of tenancy deposits. Aristide Hoang-Brown considers how the judgment impacts landlord and tenant advisers.

03 October 2025

Woolf v Goldfinch: disputed registration of an easement involving issue estoppel

Harrison Engler discusses the First-tier Tribunal (Property Chamber) decision in a complex land registration case about the registration of an easement. He represented the respondents. The applicant sought to register a right of way over the respondents’ land, relying primarily on a 2010 County Court order and, in the alternative, on prescription.

03 July 2025

Standish v Standish: greater clarity on dealing with non-marital assets

Dr Sara Hunton discusses Standish v Standish in which the Supreme Court upheld the Court of Appeal’s largest ever reduction of a divorce award. Previously, the Court of Appeal had reduced the wife’s award from £45 million to £25 million finding that some of the husband’s assets should not have been treated as ‘matrimonial’.