The Practical Lawyer


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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Principal private residence relief is usually available (so no capital gains tax is paid) when a property owner sells their main home.
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Rates – staircase tax

It is not uncommon for a business to own two floors of a building that are not directly connected. For instance, T may occupy two floors of a block, but have to use L’s lift or stairs to get between the two different floors.
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Easement – recreational facilities

In an important decision, the Supreme Court has upheld a new type of easement – the right to use recreational facilities (eg a golf course, swimming pool, or tennis court). 
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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