The Practical Lawyer


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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HMLR – fraud is not ‘mistake’

A court can order rectification of an HMLR register of title if a mistake has been made. 
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Tate peeping – no nuisance

The Tate Modern museum opened a viewing gallery in 2016 which enabled viewers to have a panoramic view of London and, as it transpired, the inside of adjacent apartments which have floor to ceiling glass walls.
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Notice of severance – rectification?

A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed.
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Rectification – unilateral mistake

There are four requirements to be met before the court will correct a unilateral mistake:
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Estate rentcharges – introduction

Estate rentcharges are primarily found on new residential (freehold) developments, where they are used to enforce communal covenants and payments for the common parts. 
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Telecoms Code – right of access

The Telecommunications Code came into force in December 2017 (see our February 2018 issue). As we have noted previously, the new Code is very much to the advantage of telecoms operators (rather than landowners). 
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Trees – inspection

How often should a landowner inspect trees (in case they fall down and cause damage)? The CA has recently given guidance, in the context of an LA which had trees abutting the highway (ie a high-risk area).
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Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
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The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
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The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
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There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...


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