The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Knotweed – nuisance

Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now gone to the CA, which has confirmed that there is a ‘nuisance’ – but for entirely different reasons.

Subscribers only...
 

Property loans – enforcement

A reminder of the basic enforcement options for real estate lenders:

Subscribers only...
 

Rates – empty property

If premises are unoccupied, then liability to pay the business rates falls on the ‘owner’ (ie the person entitled to possession).

Subscribers only...
 

SDLT – ‘residential dwelling’

The distinction between ‘residential’ and ‘non-residential’ can be important, from an SDLT point of view, for builders.

Subscribers only...
 

Restrictive covenants – s84

Section 84 LPA 1925 allows for the discharge or modification of restrictive covenants. There are several grounds but the one with the greatest chance of success is when the covenants do not secure any practical benefits of substantial value, or advantage, to those who can enforce them. While there are many cases about what this means, the reality is that each application turns on its own facts.

Subscribers only...
 

Section 84 – compensation?

If a restrictive covenant is discharged and modified under s84, then the person with the benefit of the covenant will be entitled to compensation. But, how is that to be assessed?

Subscribers only...
 

Negligent survey – damages?

If there is a negligent survey, then what damages can the home-buyer expect to recover? The simple answer is that the home-owner is unlikely to recover more than the difference between what was paid for the property and its value in that defective condition.

Subscribers only...
 

Recitals – mandatory?

Not so long ago, any deed would have extensive recitals. Their purpose was to recite the history by which the parties had come to the point of agreement. Nowadays, however, recitals are usually very brief – and are sometimes dispensed with altogether.

Subscribers only...
 

Registration gap – dangers

The potential dangers of the ‘registration gap’ are well-known. The ‘gap’ is the period of time between a buyer of a legal estate completing the transaction, and actually being registered as proprietor at the LR.

Subscribers only...
 

Contract – no oral modification?

Most written contracts include a clause saying that any variation to the contract must be in writing and signed by the parties. This is often called a no oral modification clause.

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 64

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
MSI Global Alliance
Join the IBA now!
In House Lawyer
www.totallylegal.com