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Property Law Journal: 8 October 2012

Neil Warriner discusses a case with lessons for taxpayers

Despite their reversal in the DV3 case, involving a sub-sale of property into a limited partnership (see DV3 RS Ltd Partnership v HMRC [2011]), HMRC has just struck back with victory in relation to a sub-sale of property into a distribution in specie in the recent case of Vardy Properties and Vardy Properties (Teesside) Ltd v HMRC [2012].

Bill Mackie looks at current government proposals to stimulate house building and questions whether those measures are enough

Housing, and particularly new housing, is nothing if not controversial. Changes to the planning regime, perceived threats to the green belt, a proposed mansion tax, houses standing empty all fuel the attention of the media and pressure groups. The coalition government recognises that while new houses may be unpopular with those in whose back yard they may be built, house building is a major contributor to economic growth. With pressure on the government to promote growth without compromising the policy of deficit reduction, it has promised a number of measures to stimulate house building. Last November it published its housing strategy, and in early September 2012 a number of further initiatives were announced.

Chancel repair liability will soon cease to be an overriding interest. Sam Cherry examines the implications of this change

In medieval Britain, the church was granted powers to charge those owning ‘rectorial land’ for the upkeep of the church chancel. This historic liability has haunted generations of property transactions and still affects land and properties throughout England and Wales today. But the bell is tolling for this medieval anomaly, which will cease to be an overriding interest at midnight on the 12 October 2013, but does that address the issue of liability?

A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Rosemary Herbert unravels the issues.

At the end of July, Arnold J delivered his judgment in E.ON UK plc v Gilesports Ltd [2012]. The case deals with several issues that can arise on ordinary transactional documents and highlights some major anomalies. Although it is a first instance decision, conveyancers cannot afford to ignore its potential impact.

Nabarro LLP

Martin Evans investigates why current proposals do not go far enough

W ith an increasing number of developments stalling, following changes to market conditions, making previously agreed planning obligations unviable, the Department for Communities and Local Government (DCLG) is seeking to make legislative changes to help developers renegotiate those planning obligations.

Jessica McGoldrick explains what they are they and why they are important in property litigation

The courts want parties to settle their disputes. Those who do not attempt any realistic settlement can expect the court to penalise them with costs orders and requirements to pay interest. One way of attempting settlement is by making a Part 36 offer. The name comes from Part 36 of the Civil Procedure Rules, which governs the specific mechanisms for these settlement offers.

Kate Symons and Will Hadley give the lowdown on identifying and protecting manorial rights

The area of manorial rights is by no means a straightforward subject for review. For many years such rights have been roundly ignored by most as a historic irrelevance. However, manorial rights have received renewed attention in recent years due, primarily, to the changes introduced by the Land Registration Act 2002, which will result in the end of the status of manorial rights as an ‘overriding interest’ in October 2013.