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David Nuttall explains the procedural steps of a common easement claim, and the matters to consider where a claim needs to be issued urgently Easement disputes are a staple of real property practice. Some can be of very high value, particularly where the existence of an easement has an impact on a development. Many, however, …
Continue reading "Easement claims: A procedural roadmap"
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Sukhninder Panesar considers the case law relating to proprietary estoppel when seeking to acquire an interest in land without complying with the formalities of the 1989 Act Etherton J held that the proprietary estoppel was sufficient grounds for the enforcement of the terms of the oral contract. The question whether proprietary estoppel can be pleaded …
Continue reading "Law of Property (Misc. Provisions) Act 1989: Proprietary estoppel wins again"
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Gary Sector explains the new permitted development rights introduced over the summer in detail and considers their value to developers and asset holders Some local authorities have already voiced concern around exercise of the new permitted development right, and what it means for the quality and tenure of new residential development and the mix of …
Continue reading "Changes to permitted development rights: Up, up and away"
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Mark Shelton explains why forfeiture reform is well overdue in the context of the Law Commission’s proposals ‘The absence of a forfeiture clause in a post-commencement lease might mean that tenants would not appreciate the possible consequences of a breach of covenant.’ The central idea behind forfeiture is the simple one that if the tenant …
Continue reading "Forfeiture of leases: Change is overdue"
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With COVID-19 likely to impact on every aspect of the UK economy over the next few weeks and months, Mike Scott considers the potential issues for commercial landlords and property investors ‘I do not believe that tenants will be able to pass on their COVID-19-related losses to their landlords and… it is unlikely that they …
Continue reading "Covid-19: Consequences for landlords"
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Samuel Lear summarises three key Court of Appeal decisions from the last year clarifying the position on injunctive relief ‘Contrary to the approach taken by Canada Goose and many claimants before it, it is not enough for them to use the “persons unknown” tag without adding detailed qualification and limitations to its scope.’ Cases involving …
Continue reading "Landowners’ powers against protesters: A balancing exercise"
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Lucy McDonnell identifies the legal implications when a new residential development is built near an existing noise-generating site ‘The lack of assurance that an acceptable noise environment from a planning perspective will also be considered acceptable from a licensing perspective has led to affected parties seeking additional safeguards.’ As the housing crisis continues, there is …
Continue reading "Planning update: Live music — the housing conundrum"
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The recent Court of Appeal case of Pease v Carter will be welcomed by landlords. Karl Anders and Deborah Brown examine the judgment ‘The decision will be welcomed by landlords as it provides some scope for persuading a court to find that a notice containing an error may nevertheless be relied upon to found possession …
Continue reading "Validity of statutory notices: ‘Reasonable recipient test’ trumps the strict approach"
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Paul Nicholls and Robert Nieri provide a practical guide for buyers in the context of the Charities Act 2011 requirements ‘The charity land disposal regime ensures that trustees comply with their duties; in particular, to secure best value for the disposal of their charity’s assets.’ Last year’s decision in the case of The David Roberts …
Continue reading "Buying from a charity: What to look out for"
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John Starr scrutinises common standard form contracts and how they impact on the parties to a project in the context of the risks arising from COVID-19 ‘The effects of the virus in the UK, both in terms of the rising number affected as well as the preventative measures taken, mean it is now almost certain …
Continue reading "Construction focus: Coronavirus: potential effect on construction"
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