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Property Law Journal: May 2017

Lucy McDonnell outlines the current status of neighbourhood planning

The government has demonstrated its continuing commitment to neighbourhood planning by naming a Bill after it, including it in a written ministerial statement and in the housing white paper, and continuing to emphasise its importance in recent appeal decisions. This article considers recent developments and the direction of travel.

James Brown and Mark Pawlowski consider the possibility of disclosing beneficial interests on the land register

Property lawyers will be familiar with the so-called ‘curtain principle’ under which beneficial interests are kept off the face of the land register and hidden behind the veil or curtain of registration. The principle has been enshrined in statute since the Land Transfer Act 1875, which provided (in s83(1)) that:

John Starr

Letters of intent can lead to uncertainty and costly disputes. John Starr discusses recent cases

Letters of intent are widely used in the construction industry as a means of allowing work to start on site (or at least for the procurement of long-lead items) before the formal construction contract has been negotiated. They will usually allow the contractor to get on with certain tasks up to a certain stage or maximum fee cap.

Tim Rayner assesses good practice when claiming costs in dilapidations claims

The case of Car Giant Ltd v London Borough of Hammersmith & Fulham [2017] concerned a claim for damages for terminal dilapidations. In particular the claim by the landlords (Car Giant and Acredart) was for damages for dilapidations following expiry of the lease.

Sandra Clarke examines the factors that determine a contract for the disposition of an interest in land

The recent Court of Appeal decision in Rollerteam Ltd v Riley [2016] adds to the decided cases surrounding s2(1), Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989), a provision that has required considerable judicial interpretation. This article considers the main aspects of the section that have required consideration.

Christopher Morris sets out the current position on advanced payment apportionments and the law of implied contractual terms

Just over a year on from the Supreme Court’s decision in Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015], the impact of what is widely considered to be a significant case, both in the academic domain and commercial practice, can be critically examined. In this intervening period a sizeable body of higher court judgments have amassed, which may indicate the practical effect of the decision. But can academics and practitioners alike now rest easily in the knowledge that this area of law is firmly settled?