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Paul Stafford considers whether it’s possible for a purchaser to acquire rights that a vendor was unaware of when buying manorial lordship titles Land which has been in continuous ownership since before 13 October 2013 may be subject to lordship rights belonging to a lord whom the owner of the land has no way of …
Continue reading "Manorial title: Reconstructing title"
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Polly Streather explores the use and benefit of pre-contract tools, such as letters of intent, in trying to alleviate the strain of increasing construction prices and highlights the risks that should be considered by employers before entering into such arrangements Once the letter of intent is in place, there is sometimes a temptation for contractors …
Continue reading "Construction focus: A solution to a problem or a problem in itself?"
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Shanna Davison and Matthew Bonye analyse the Covid commercial rent arrears arbitration scheme introduced under the 2022 Act and whether interference with the fundamental principle of freedom of contract has paid off The idea is to encourage reasonable proposals from each party on the footing that these are more likely to result in settlement without …
Continue reading "The Commercial Rent (Coronavirus) Act 2022: Winners and losers"
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Mark Pawlowski takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities Where all are equally innocent, priority, as we have seen, is determined by the order at which the equities arose in time. But the position is different where the equities are not …
Continue reading "Competing equities: A thorny issue"
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In the first of a series of articles setting out some key differences between the jurisdictions, Sally Anthony considers community rights to buy and transparency of ownership These rights to buy demonstrate the Scottish government’s stated priority to promote and encourage community ownership, based on their belief that it helps to address inequalities in land …
Continue reading "Scottish property law: Community ownership compared"
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After a summer of hustings, debates and garden party faux pas, a new Prime Minister is now finally in Number 10. Nicola Gooch and Claire Petricca-Riding provide a mini planning manifesto The country urgently needs to find local and reliable alternatives to imported gas and oil reserves. We do not have the luxury of time. Pinning all our …
Continue reading "Dear Prime Minister: A planning and environmental wish list"
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Nicola Gooch considers some recent High Court, Court of Appeal and Planning Appeal decisions The Court of Appeal has confirmed something that I have been advising clients for a very long time. When it comes to CIL, retrospective consents are extortionately expensive. Although planning may not be generally considered to be the ‘sexiest’ profession, it can …
Continue reading "Planning: Pretty appealing"
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BNG has been legislated in the Environment Act 2021, but Duncan Williams, Naomi Bull, and Kate Radford ask whether current timescales are realistic In simple terms, BNG refers to the process of ensuring that when development takes place, wildlife habitats are left in a measurably better and improved state than they were in before development …
Continue reading "Biodiversity net gain: Still too many uncertainties?"
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Ed Cracknell considers the government’s call for evidence, closing in mid-September, seeking views on gaining consent and access to land as it looks to upgrade the UK’s electricity network The Call for Evidence considers the processes that apply to other types of utilities including the Electronic Communications Code and asks whether there are lessons that …
Continue reading "Electricity Network Infrastructure: Land rights and consents"
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Professor Sukhninder Panesar considers a case where the court was required to consider whether a common intention construction trust arose on a transfer of property that was made under mistake Having established that the defendant did not have an interest under a common intention constructive trust, the question was what relief the court would grant …
Continue reading "Common intention constructive trusts: An agreement unravels"
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