"Nicholas Shepherd is head of the national real estate litigation department at Shoosmiths. Sources highlight his formidable understanding of this practice area."
Chambers UK, 2013
We have significant experience in dealing with all types of land registration issues, and have developed particular expertise acting in disputes referred to the Adjudicator to HM Land Registry in accordance with the Land Registration Act 2002.
How we can help you
We can assist you with pursuing (or, where relevant, opposing):
- An application for registration based on adverse possession, both on first registration and where land is already registered.
- An objection to an application for registration.
- An application for rectification of the register to correct a mistake that prejudicially affects the registered proprietor's title.
- An application to the Land Registry for an indemnity where a mistake, whether corrected or not, has caused loss.
- Acting for a residential developer in a claim for rectification of the register where a ransom strip around its site had been double registered, including a claim against the Land Registry for indemnity.
- Acting for a mixed use developer in successfully defending at trial an objection to an application for the registration of a right of way acquired by prescription. The land registration was crucial to the client's development plans, as its planning consent required an access with a width that could not be achieved without the right of way.
- Acting for a public body in successfully defending at trial (i) an objection to an application for first registration of land (where the historical title deeds to the land could not be located) and (ii) a counter application for first registration of the land based on adverse possession.
- Successfully defending an objection to an application to cancel unilateral notices registered against various titles that make up a development site, the unilateral notices having been registered (with a view to protecting an alleged unpaid vendor's lien) without good cause and in breach of Section 77 of the Land Registration Act 2002.