LAND LAW

Anglicans moving en masse to Catholic Church can cause issues with no right to take property & trustee conflict of interest - 2016, 176, 18
arbitration can be decided in accordance with sharia law - 2008, 160, 67
burial vault under chapel, whether title lost due to adverse possession; ruled that still belonged to title holder (case) - 2019, 183, 236
care in the community, property law issues - 1994, 122/123, 125
Church land not in itself defined as 'community asset' under Localism Act 2011 (case) - 2015, 174, 140
Church of England responsibility for heritage buildings, exemption from listed building control & Diocesan Consistory Courts - 2012, 168, 22
church wishing to convert its property lease to freehold can use Statute to do this against owner's wishes (case) - 2021, 186, 65
colonial application of land law and property rights - 1993, 118/119, 84
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
enforcement of Bath Din arbitration award concerning land contract transfer; court declined to make order but Beth Din free to consider new evidence (case) - 2019, 183, 251
gazumping - 1973, 40, 78
Hindu/Sikh religious law doesn't apply to family property dispute (case) - 2014, 173, 239
inheritance tax, sisters living together having to pay this on the death of one, rights not infringed by being treated differently to married/civil partners (case) - 2008, 161, 147
Milsom's critique of Maitland on origins of and influences on development of land law - 2018, 180, 21
nuisance, no claim following activity permitted by Act of Parliament - 1982, 72/73, 62
property dispute between Russian Orthodox parishioners with allegiance to different Patriarchates, court won't divide assets, referred to charity commision (case) - 2010, 164, 95
purchaser's motive irrelevant regarding ownership of legal estate - 1981, 70/71, 157
right to property in International Charters & Conventions (relevant to sacred places) - 2011, 167, 27
spouse of Islamic (not civil) marriage cannot claim flat tenancy as 'surviving spouse' (case) - 2014, 173, 230
tenant with psychiatric problems facing eviction; Article 8 of ECHR doesn't apply so proportionality can't be considered (case) - 2016, 177, 115
Australia
Mabo land case, aboriginal land rights - 1993, 118/119, 84
Greece
property administration law for Religious Legal Persons - 2016, 176, 42
Nigeria
land rights of indigenous inhabitants (1921) - 1993, 118/119, 84
Poland
development site listed as Jewish Cemetery after purchase thus restricting usage; couple get partial compensation (ECHR) - 2015, 174, 152
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
Romania
building previously belonging to Catholic diocese but being sold to tenants after Bishop's claim dismissed, reversal of decision by appeal court violated res judicata and therefore tenant's rights (ECHR) - 2015, 174, 126
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Spain
Catholic Church's exemption from property taxes on buildings used for non-religious purposes could be illegal State Aid in EU law (case) - 2017, 179, 230
company whose Church land purchase was later registered to the Diocese (under old privilege) had ownership & legal rights violated (ECHR) - 2015, 174, 153
Turkey
authorities can't take Church property without compensation - 2010, 165, 219
refusal to register properties belonging to Orthodox Church violated EU 'peaceful enjoyment of possessions' - 2010, 165, 214
Zimbabwe / Rhodesia
land rights of indigenous populations (1919) - 1993, 118/119, 84

Published by:

The Edmund Plowden Trust