The Practical Lawyer


Competition law – impact on land agreements

Since 2011, competition law applies to land agreements. Practitioners should keep in mind the fact that, like other transaction agreements, land agreements must be compliant with competition law.

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Village greens – wider implications

The CA has held that a working port is capable of being registered as a town or village green (TVG) under the Commons Act 2006.

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Fencing covenant – interpreted

The CA has reversed an earlier decision which held that a clause in a conveyance framed as a fencing covenant was capable of being a fencing easement.

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‘Highway’ – no single meaning

The SC has recently clarified the meaning of a highway.

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Reasonable endeavours – overage

A recent HC case was neatly summed up by the judge who asked ’how hard do you have to work to make yourself liable to pay £1.4 million?’

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Allotments – protection

With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development.
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Overage agreements – implying an obligation to sell

Overage agreements often arise where a landowner wants to sell land at its current value, but also wishes to take part of any uplift in value that may be realised at a later date, for example, when planning permission is granted, or the land is redeveloped.
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Adverse possession – paving a forecourt

Adverse possession describes a claim to ownership of land arising not from documentary evidence, but from actual occupation of the land. 
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Development – is there a right of way?

The CA recently considered a case, the facts of which will be familiar to many conveyancers.
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Restrictive covenant – no release

The CA has recently held that a developer who knowingly built in breach of a restrictive covenant should not be entitled to obtain its release under s84 LPA 1925. 
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The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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