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Claire James and Keith Shaw report on a recent decision confirming important procedural issues in claims of adverse possession ‘Whether acts constitute a sufficient degree of exclusive possession will depend in particular on “the nature of the land and the manner in which land of that nature is commonly used or enjoyed”.’Acquiring land by adverse …
Continue reading "Adverse Possession: Absolute or possessory?"
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Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees ‘The general position, as set out in s36(1) of the Charities Act 1993 is that “no land held by or in trust for a charity shall be conveyed, transferred, leased or otherwise disposed of without an order of the …
Continue reading "Charities: Taking the power back"
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The Court of Appeal decision in Daejan confirms that the courts will strictly apply the consultation requirements in s20 of the Landlord and Tenant Act 1985. Mario Betts assesses the implications ‘The Court of Appeal could not take into account either the costs of the works or the disproportionate financial consequences for the landlord; to …
Continue reading "Service Charges: Don’t expect dispensation"
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John Condliffe and Matthew D’Arcy discuss some important points arising from the increased use of index-based and fixed-uplift rent review provisions ‘From 1992 to 2008 RPI inflation was always positive (but mostly below 4%).’An emerging trend in commercial lease negotiations is the use of alternative rent review provisions to open market reviews. New leases are …
Continue reading "Landlord And Tenant: Alternatives to the open market rent review"
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Richard Bartle reminds us of the common law assessment of damages and the operation of s18(1) of the Landlord and Tenant Act 1927, with reference to recent case law ‘If redevelopment is the only option open to the landlord on termination of a lease then the court would most likely assume that redevelopment will take …
Continue reading "Dilapidations: Re-development of s18?"
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When can a tenant seek relief, and on what terms will it be granted? Jonathan Ross investigates ‘It was the claimants’ case that the breaches were irremediable and that it should be entitled to forfeit the lease and recover possession.’In the case of Patel v K&J Restaurants Ltd [2010], the Court of Appeal had to …
Continue reading "Forfeiture: Please relief me"
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Who ranks in priority in possession proceedings? A recent decision in the High Court provides some answers, as Kathleen Fitzgerald reports ‘The matter of whether the mortgagees’ priority could be adversely affected is governed solely by the provisions of the Land Registration Act 2002.’In Re North East Property Buyers Litigation [2010] the English High Court …
Continue reading "Competing Rights: Tenants v mortgagees"
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Planning Performance Agreements are experiencing a renaissance, but what are they and do they have any value? Nicola Insley finds out ‘Some developers believe that PPAs allow planning authorities to extract an additional fee from developers for considering the application without any reciprocal contractual obligation on the LPA to perform any of the terms of …
Continue reading "PPAs: Pointless paperwork or perfect partnership?"
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Sarah Youren reviews the upcoming changes in planning likely to be brought about by the Bill The long-awaited Localism Bill has finally arrived. At the moment, views are split as to whether this will herald a new era of nimbyism with local people refusing to allow any new development in their area, or whether in …
Continue reading "Planning And Environment Focus: The Localism Bill"
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Matthew Bonye and Alexandra Bethell discuss the merits of the various options when looking to remedy a defective document ‘The requirements to be met in order for rectification to be ordered differ depending on whether the mistake is made by both parties or by only one. Rectification is only available in very limited circumstances.’In a …
Continue reading "Construction And Rectification: To err is human, to rectify divine"
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