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DEVELOPMENT: Putting it all together

25 September 2017  

Ann Ebberson highlights the importance of ascertaining rights of way and covenants before purchasing land for redevelopment

Acquiring land for development can be a bit of a legal minefield. To ensure that this is managed successfully it is important that the developer seeks all appropriate advice: not just from lawyers but also from all other appropriate advisers, including surveyors, valuers, planning advisers and architects, to ensure that every issue is considered from each adviser’s perspective. Examples are rights of light and planning conditions, and some few of the most frequent legal issues that arise are rights of way and positive and restrictive covenants.

Additional Info

  • Case(s) Referenced:

    Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410

    Gore v Naheed & anor [2017] EWCA Civ 369

    Harris v Flower [1904] 74 LJ Ch 127

    Queen Elizabeth’s School Blackburn Ltd & ors v Banks Wilson Solicitors (a firm) [2001] EWCA Civ 1360