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Dellah Gilbert discusses the changes proposed in the recent Law Commission Report, including proposals for a new Law of Property Bill ‘Few would dispute that these areas of law require comprehensive reform and that the Commission’s attention is long overdue. The questions to address are whether their recommendations will work and whether they are sufficiently …
Continue reading "Easements And Covenants: All change"
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Daniel Cuthbert and Carl Roche assess the current state of play with regards to break clauses that are dependent on vacant possession ‘It is clear that the court has retained a significant amount of discretion for the purposes of considering vacant possession. Consequently, there remains some uncertainty as to what is required in order to …
Continue reading "Vacant Possession: Where are we now?"
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Edward Gamble examines the issues that arise in disputes between owners and occupiers and occupying protesters ‘Trespass is a civil wrong, not a criminal offence, and the police only have limited powers to deal with protestors on private property.’We live in a time of protest. A wide range of issues from public sector spending cuts …
Continue reading "Occupations By Protesters: Finding the balance"
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Paul Stafford looks at the registration requirements introduced by the Land Registration Act 2002 ‘The position before the LRA was that registration of manorial rights was significantly incomplete in terms of identifying the existence and location of lordship titles.’The Land Registration Act 2002 made the preservation of manorial rights after midnight on 12 October 2013 …
Continue reading "Manorial Rights: Deadlines for manorial title holders"
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Should valuation of the tenants’ interests on a collective enfranchisement take account of the 1993 Act, or assume a ‘no Act world’? Natasha Rees considers a Court of Appeal decision on the issue ‘The marriage value is, essentially, the increase in the value of the freehold attributable to the ability of the participating tenants to …
Continue reading "Leasehold Enfranchisement: A question of marriage value"
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Nathan Searle and Kate Wilford explain the importance of watching out for potentially unenforceable penalty clauses and suggest some ways of tackling these issues. ‘There is no longer a clear dichotomy between unenforceable penalty clauses and enforceable liquidated damages clauses.’A penalty is a clause designed to deter a breach of contract, by providing for a …
Continue reading "Landlord And Tenant Update: Penalty clauses"
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David Myers assesses a planning case where a blatant attempt to disguise a residential home as a barn proved to be ultimately unsuccessful ‘What is clear is that the local planning authority now has a clear precedent for taking enforcement action following the dishonesty of an applicant, which is not restricted by any statutory time …
Continue reading "Planning Enforcement: The house within a barn"
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Sally Farrall exposes the problems inherent in attempting to register land as a village green when it has already been appropriated by a local authority for planning purposes ‘Where land was either acquired by a local authority for planning purposes, or was acquired by a local authority for some other purpose but was subsequently appropriated …
Continue reading "Village Greens: Judgment in favour of developers"
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Who owes responsibility, and how is any defect best resolved? Andrew Philip analyses the options ‘The original developer may owe continuing obligations to procure the making good of defects at no cost to a tenant or purchaser during the relevant rectification period (usually 12 months after practical completion of the building).’Generally, when we purchase cars, …
Continue reading "New Buildings: Dealing with defects"
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John Starr reviews the current state of play on Tolent clauses as well as a case concerning the calculation of an architect’s fees ‘A drafting anomaly after seven years of consultation is surprising, to say the least, and, unless there is some attempt at redrafting before the Act comes into force, there is going to …
Continue reading "Construction Focus: Wheels of confusion"
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