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England and Wales decisions
Decisions matching the current search
The High Court partly allowed an amendment application in a property dispute, permitting proprietary estoppel and constructive trust claims, but refusing a challenge to receivers' appointment.
Mittal v Barclays Bank PLC & Ors [2026] EWHC 1029 (Ch) (01 May 2026)
The court allowed amendment of a property claim to plead proprietary estoppel and constructive trust, but refused a challenge to receivers’ appointment and deferred rescission issues.
The Tribunal held that the power of attorney was delivered, the varied lease remained valid, and the unregistered new lease took priority as an overriding interest.
The tribunal found the Browns had shown adverse possession of a shed behind neighbouring land, but raised a new route to relief by alteration of the register and invited submissions.
Ashrafi & Anor v Belmont Green Finance Ltd [2025] EWHC 3247 (Ch) (15 December 2025)
The High Court dismissed an appeal against a possession order, holding the appellants could not assert an overriding interest, invoke s.36 AJA 1970, or defeat the lender’s security by merger.
The tribunal dismissed an adverse possession claim over a disputed path, finding the path was jointly owned under a 1967 assent and that the applicant was not in actual occupation.
Keates v Durham (adverse possession - transitional provisions - overriding interests - actual occupation - shared owners) [2025] UKFTT 1458 (PC) (28 November 2025)
The tribunal dismissed an adverse possession claim over a strip of land in Derby, holding the path was jointly owned and, in any event, the applicant was not in actual occupation.
The Tribunal held that the applicant proved a prescriptive right of way on foot over the Strip to Short Wood and ordered the easement registered.
The Tribunal held the 2021 lease was genuine and should be registered, but the parking easement granted by it did not bind the transferee of the servient land.
MTF (NH) Ltd v Hevedi & Anor [2025] EWHC 1013 (Ch) (02 May 2025)
The High Court held that the second defendant was not in actual occupation of the property on the relevant date, and the claimant mortgagee was entitled to possession.
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