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.

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.

04 July 2024

Adverse possession and estoppel under paragraph 5(2) of Schedule 6 to the Land Registration Act 2002 (El Massouri v Omani Estates Ltd)

LexisNexis has published Max Thorowgood's property disputes analysis of El Massouri v Omani Estates in which he acted for Omani Estates Ltd.

20 January 2023

An escheat to the Crown Estate Commissioners did not extinguish a proprietary estoppel in favour of the shareholders of a dissolved company (Dixon v Crown Estate Commissioners)

Max Thorowgood considers the property dispute of Dixon and another v Crown Estate Commissioners [2022] EWHC 3256 (Ch).

07 September 2022

What is the matter with the Land Registry?

Max Thorowgood considers Razoq LC-2022-000327 in which the decision of the President of the Upper Tribunal Lands Chambers strongly emphasises the cardinal significance of the terms in which Notices of Objection are given to the determination of the scope of the Tribunal’s jurisdiction.

09 March 2022

Do the costs of collecting ground rent include the costs of serving the necessary notice ? No, says the UT(LC) in Stampfer v Avon Ground Rents Ltd

The Upper Tribunal has ruled that an entitlement to recover the costs of collecting ground rents does not (or did not on the true construction of the lease in question) include the costs of serving a notice in the form required by s.166 CLRA 2002 so as to render those grounds rent collectable.

21 February 2022

Adverse possession, intention to possess, right of way, rectification, mistake and paper title (White v Amirtharaja)

Max Thorowgood considers the case of White v Amirtharaja in which he acted for the Amirtharajas. The case includes a helpful discussion of the meaning and significance of the phrase ‘paper title’ and consideration of the nature of mistakes made upon an application for first registration of a title.

17 May 2021

The Law Commission’s recommendations for updating the Land Registration Act 2002 – thoughts on the government response

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.