The Practical Lawyer


Rates – date of valuation

Rating law is full of hypotheticals. In particular, a property is valued as if it were in a reasonable state of repair – even when it is not (unless the repairs are sufficiently significant that a hypothetical L would not consider them ‘economic’ to undertake).

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SDLT – granny flats, annexes

The 3% SDLT surcharge applies to purchases of additional residential properties (including buy-to-let, second homes and holiday homes) where the chargeable consideration is at least £40,000.

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Rights of way – public

There are four categories of public rights of way:

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ACV – used by trespassers?

A developer argued that an LA could not register a field as an ‘asset of community value’ because the use by local residents was unlawful – on the basis that they were trespassers (even though they had used the field for more than 40 years, without any objection being made).

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Lender – consent to sale?

It is not unusual to have a loan agreement saying that the secured property can only be sold with the lender’s approval (‘such approval not to be unreasonably withheld or delayed’).

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Nuisance – sensitive claimant?

It is well known that it is not a defence to a common law nuisance claim to show that the claimant ‘came to the nuisance’ by moving into their property after the nuisance was started.

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‘Endeavours’ – ‘reasonable’

In the May 2018 issue (p15) we noted the difference between ‘reasonable endeavours’ and ‘best endeavours’.

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Knotweed – no ‘encroachment’

There are two possible grounds for a nuisance claim in respect of Japanese knotweed.

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Japanese knotweed – the cases

Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient.

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SDLT – avoidance

All conveyancers will know that the SRA has warned solicitors about their involvement in SDLT avoidance schemes. 
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