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Property Law Journal: 26 September 2011

Sarah Youren discusses the planning aspects of the current review of rights to light legislation as well as other developments in the area

Nabarro LLP

Nicholas Wood considers the interaction between s241 of the TCPA and the Commons Registration Act 2006

Residential developer Barratt Homes recently succeeded in quashing attempts by a local action group to prevent one of its redevelopment schemes in Merton Green, Monmouthshire.

With the growing popularity of pre-packs, Nigel Boobier and Daniel Cuthbert assess the issues surrounding them

It’s been a busy year for pre-packs. The announcement on 31 March from Ed Davey, minister for Business Innovation and Skills (BIS), that the BIS is looking at the detail of draft legislation to introduce a new three-day advance notice rule for administrators, sparked much discussion. This is where an administrator is selling a significant proportion of a business to a connected party with no open marketing of the assets.

Charlie Bending and Robert Jones look at the outcome of the decision in Scullion, which will be welcomed by surveyors and valuers alike

The recent decision in the case of Scullion v Bank of Scotland Plc ( t/a Colleys ) [2011] has come as welcome news for surveyors and valuers, as well as their insurers. The Court of Appeal unanimously overturned the first instance decision of the High Court in holding that a valuer does not owe a duty of care to a buy-to-let investor. This will be particularly well received at a time when, as the result of the credit crunch, not only is the profession already under siege from claims by lending institutions, but many professional indemnity insurers have withdrawn from the surveyors and valuers market and premiums have soared.

Kirstin Bardel reviews some of the key modifications to the Construction Act, due to come into force imminently

Changes to the Construction Act 1996 will come into force on 1 October 2011. The changes will apply to construction contracts and consultants’ appointments entered into on or after that date.

Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass

In Jones v Ruth [2011] the claimants owned a three-storey terraced house. The respondents owned two two-storey houses adjacent to the claimants’ property. Between 2002 and 2010 they added a third storey to their properties, plus a larger kitchen at the rear and rebuilt a garage in the rear garden.

John Starr

John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development

Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will the sale agreement contain express terms concerning the standard of workmanship, there will also be terms implied by statute.