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4 King’s Bench Walk

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

Where two of three executors have a grant with power reserved for the third, and the third is in occupation of an estate property after their right to occupy has been terminated, can the two executors bring possession proceedings against the third?
Where two of three executors have a grant with power reserved for the third, and the third is in occupation of an estate property after their right to occupy has been terminated, can the two executors bring possession proceedings against the third?
Q&As

Where two parties purchased a property in one of the party’s sole name, that party funded all of the deposit and there is an interest-only mortgage which the parties both pay each month until the parties separate and the non-owning party moves out of the property, could the non-owning party’s contributions towards the interest-only mortgage give rise to them being entitled to share in the increase in equity in the property from the date of purchase? Would it have made a difference if the mortgage had been a repayment mortgage?
Where two parties purchased a property in one of the party’s sole name, that party funded all of the deposit and there is an interest-only mortgage which the parties both pay each month until the parties separate and the non-owning party moves out of the property, could the non-owning party’s contributions towards the interest-only mortgage give rise to them being entitled to share in the increase in equity in the property from the date of purchase? Would it have made a difference if the mortgage had been a repayment mortgage?
Q&As

Where two women are married and one conceives through donor insemination, which was done informally and not through a licensed clinic and without the consent of her wife, does the second woman acquire parental responsibility for the child? Would she acquire it by being registered on the child’s birth certificate, given that she does not fall within section 43 of the Human Fertilisation and Embryology Act 2008 as they were married and the treatment was not through a licensed treatment provider?
Where two women are married and one conceives through donor insemination, which was done informally and not through a licensed clinic and without the consent of her wife, does the second woman acquire parental responsibility for the child? Would she acquire it by being registered on the child’s birth certificate, given that she does not fall within section 43 of the Human Fertilisation and Embryology Act 2008 as they were married and the treatment was not through a licensed treatment provider?
Q&As

Where unmarried parties have had a lengthy engagement and a child together, is it possible to rely on the provisions of the Married Women’s Property Act 1882 to apply for any form of notice/restriction in respect of the family home, of which one party is the sole legal owner but to which the other party has contributed by paying towards the mortgage and helping with renovations?
Where unmarried parties have had a lengthy engagement and a child together, is it possible to rely on the provisions of the Married Women’s Property Act 1882 to apply for any form of notice/restriction in respect of the family home, of which one party is the sole legal owner but to which the other party has contributed by paying towards the mortgage and helping with renovations?
Q&As

Where unregistered land is owned by tenants in common and following their deaths, their beneficial interest is transferred by assent to two new tenants in common one of whom dies, who can transfer the legal ownership to the surviving owner?
Where unregistered land is owned by tenants in common and following their deaths, their beneficial interest is transferred by assent to two new tenants in common one of whom dies, who can transfer the legal ownership to the surviving owner?
Q&As

Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint names of himself and his wife but the signatures on the transfer were witnessed by their grandson, does this invalidate the transfer?
Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint names of himself and his wife but the signatures on the transfer were witnessed by their grandson, does this invalidate the transfer?
Q&As

Where, following the pronouncement of a judgment, it is brought to the attention of the court that the judgment is based on a fundamental misunderstanding as to the availability of a resource to a party, can the court revise its judgment prior to the perfection of any order?
Where, following the pronouncement of a judgment, it is brought to the attention of the court that the judgment is based on a fundamental misunderstanding as to the availability of a resource to a party, can the court revise its judgment prior to the perfection of any order?
Q&As

Where: (a) in accordance with section 20(2) of the Agricultural Tenancies Act 1995 (ATA 1995) the landlord has provided a benefit in consideration of the provision of a tenant's improvement; and (b) the landlord and the tenant have also agreed to cap the compensation payable under ATA 1995, s 20(4A); is the reduction provided for by ATA 1995, s 20(2) applied to the compensation as capped under s 20(4A) and (4B) of the Act, or is the cap not taken into account for the purpose of ATA 1995, s 20(2), meaning that the compensation will be the lesser of the compensation calculated pursuant to the statutory formula (ie ignoring the cap) and the capped amount? Is there anything stopping the parties agreeing a nominal sum (ie £1) as the compensation limit?
Where: (a) in accordance with section 20(2) of the Agricultural Tenancies Act 1995 (ATA 1995) the landlord has provided a benefit in consideration of the provision of a tenant's improvement; and (b) the landlord and the tenant have also agreed to cap the compensation payable under ATA 1995, s 20(4A); is the reduction provided for by ATA 1995, s 20(2) applied to the compensation as capped under s 20(4A) and (4B) of the Act, or is the cap not taken into account for the purpose of ATA 1995, s 20(2), meaning that the compensation will be the lesser of the compensation calculated pursuant to the statutory formula (ie ignoring the cap) and the capped amount? Is there anything stopping the parties agreeing a nominal sum (ie £1) as the compensation limit?
Q&As

Which address should a service charge demand be served on? Does it make a difference if the lease provides that the notice must be ‘received’ not simply served? If the demand is not validly served will section 20B of the Landlord and Tenant Act 1985 apply in respect of any service charges incurred 18 months before?
Which address should a service charge demand be served on? Does it make a difference if the lease provides that the notice must be ‘received’ not simply served? If the demand is not validly served will section 20B of the Landlord and Tenant Act 1985 apply in respect of any service charges incurred 18 months before?
Q&As

Which form should be used to apply for leave to oppose an adoption order?
Which form should be used to apply for leave to oppose an adoption order?
Q&As

Who can local authority legal services act for?
Who can local authority legal services act for?
Q&As

Who is liable for damage or injury to a tree subject to a tree preservation order if it falls, when the local authority has refused the owner’s permission to fell the tree (and will prosecute the owner if it does so) as it disagrees with the report commissioned by the owner that it is dangerous and at imminent risk of falling?
Who is liable for damage or injury to a tree subject to a tree preservation order if it falls, when the local authority has refused the owner’s permission to fell the tree (and will prosecute the owner if it does so) as it disagrees with the report commissioned by the owner that it is dangerous and at imminent risk of falling?
Q&As

Who should enter into a retrospective licence for alterations where a tenant has carried out unauthorised alterations and since assigned to a group company—the defaulting tenant (in order to give the assurances in the licence about the obtaining of consents, carrying out of works etc), the assignee as the current tenant (because the licence is supplemental to the lease and may, in fact vary it) or both?
Who should enter into a retrospective licence for alterations where a tenant has carried out unauthorised alterations and since assigned to a group company—the defaulting tenant (in order to give the assurances in the licence about the obtaining of consents, carrying out of works etc), the assignee as the current tenant (because the licence is supplemental to the lease and may, in fact vary it) or both?
Q&As

Who would be responsible for the cleansing of an underpass, that butts and bounds at both sides by the same registered proprietor (that is not the local authority)?
Who would be responsible for the cleansing of an underpass, that butts and bounds at both sides by the same registered proprietor (that is not the local authority)?
Q&As

Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?
Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?
Q&As

Will a claim for adverse possession of registered land, where 12 years of possession has been completed before 13 October 2003, be successful where the land in question was initially subject to an informal ‘shared use arrangement’ between the Applicant and the Respondent (registered land owner) for use by the Applicant and the Respondent's tenants but the Applicant has taken exclusive occupation with an intention to exclude anyone else other than his invited visitors for the required period of time before 13 October 2003.
Will a claim for adverse possession of registered land, where 12 years of possession has been completed before 13 October 2003, be successful where the land in question was initially subject to an informal ‘shared use arrangement’ between the Applicant and the Respondent (registered land owner) for use by the Applicant and the Respondent's tenants but the Applicant has taken exclusive occupation with an intention to exclude anyone else other than his invited visitors for the required period of time before 13 October 2003.
Q&As

Will a deed of appointment of new trustees which refers to a conveyance serve to transfer the legal title of the property, or is a separate transfer deed required in relation to the property?
Will a deed of appointment of new trustees which refers to a conveyance serve to transfer the legal title of the property, or is a separate transfer deed required in relation to the property?
Q&As

Will a licence automatically terminate if there is a change of ownership?
Will a licence automatically terminate if there is a change of ownership?
Q&As

Will a rentcharge which has been registered against a freehold title also be enforceable against the owners of any leasehold titles which are granted out of the freehold title? Also, should the rentcharge be registered against the leasehold titles?
Will a rentcharge which has been registered against a freehold title also be enforceable against the owners of any leasehold titles which are granted out of the freehold title? Also, should the rentcharge be registered against the leasehold titles?
Q&As

Will an easement constitute an overriding interest where there have been subsequent transfers of title?
Will an easement constitute an overriding interest where there have been subsequent transfers of title?
Q&As

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