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18 January 2013 / John Summers
Issue: 7544 / Categories: Features , Property
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Taking sides

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John Summers considers two recent important property law decisions

This update scrutinises Yeates v Line [2012] EWHC 3085 (Ch)—a decision of the High Court which considers whether certain statutory formalities apply to agreements concluded in settlement of boundary disputes—and Pankhania v Chandegra [2012] EWCA Civ 1438, a Court of Appeal decision which considers the effect of an express declaration of trust on a subsequent claim to a different beneficial share in the subject property.

Yeates v Line

In early 2011, the appellants (AS) made an application to the Land Registry to have the registered title to certain land (the land) altered to show them as proprietors. AS alleged that they had acquired title to the land by adverse possession. The registered owners of the land were the respondents (RS) who objected to the application. The dispute was referred to the adjudicator to the Land Registry. Although she found that AS had been in adverse possession as alleged, she declined to order alteration of the register on the basis that the parties had reached

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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