Last updateTue, 24 Feb 2015 5pm

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.

There are particular duties, responsibilities and issues to bear in mind when dealing with property matters for charities. Clare Garbett gives an overview

It is reasonably well known that there are various common law and statutory duties with which charity trustees must comply when dealing with property.

In the first of a series of articles Sara Lindemann considers forfeiture for breach of covenant and mortgagee protection provisions

Ask a lender to name their top three red-flag issues when it comes to commercial property due diligence and, more likely than not, ‘lease forfeiture clauses’ will feature in that list.

Richard Hanstock illustrates the problems surrounding selective licensing schemes and discusses a recent unreported decision

An ever-greater number of local authorities have adopted selective licensing schemes, requiring residential landlords in certain areas to submit to compulsory registration and inspection. Once an area designation has been made, the requirements apply across the private rented sector, as much to landlords of small-scale investment properties as to those owning large build-to-rent schemes.

Kate Coyer reviews the government proposals published in February and questions whether they go far enough in dealing with escalating ground rent

The Communities Secretary, Sajid Javid, has announced proposals to make leasehold fairer for buyers and the Department for Communities and Local Government (DCLG) has published a consultation seeking views on possible changes. These include:

Andrew Ross provides some advice for landlords on how to carry out redevelopment works without interfering with their tenants’ quiet enjoyment

Since 2016, tenants have relied on Timothy Taylor Ltd v Mayfair House Corporation [2016] as authority for their ability to recover damages from or restrain development work by landlords for breach of their quiet enjoyment covenant and derogation from grant.

Jamie McKie examines the latest tools in the planner’s toolbox, permission in principle and the Brownfield Register, and asks whether they will have the impact that the government hopes and expects

A cynic might ask whether we really need another route to obtaining planning permission. After all, several already exist and the evidence suggests that they are being granted in increasing numbers (Department for Communities and Local Government data, see Is the sole intention behind the introduction of permission in principle (PiP) to expedite the delivery of more housing? Comments during the reading of the Housing and Planning Bill that it would be (Brandon Lewis MP, 3 December 2015):

Rachael Herbert discusses the CIL regulations’ exemption and highlights its deficiencies

The Community Infrastructure Levy (CIL) regime ushered in by the Community Infrastructure Levy Regulations 2010 has brought more development within the scope of developer contributions. ‘Self-builders’ – who directly organise the design and construction of their new home – now generate around 10% of new private sector housebuilding (Self Build Housing Market Report – UK 2016-2020 Analysis). Their experience of CIL was meant to be straightforward, but regulatory complexity and attitudes to charging have meant that it is anything but.