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Land

Right to light – LA power

A recent dispute involving Chelsea’s proposed new stadium has illustrated how an LA can intervene to override the private right to light.

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Timeshare – defences?

In practice, it can be extremely difficult to defend a timeshare claim, even though the client may complain of having been pressurised into a one-sided contract. In practice, there will often be no express ‘exit’ provisions in such contracts and there will be obligations to pay annual fees whether or not the property is used.

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Compulsory purchase – changes

Compulsory purchase procedures have been changed by Neighbourhood Planning Act 2017. Not all of the Act is in force, but these changes came into force in September 2017:

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Surveyor negligence – ‘but for’ damages

It seems a simple question – but it has taken the Supreme Court to come up with an answer (and that answer has been much criticised). The question is this: a lender makes Loan 1 to a borrower. Later, the lender makes Loan 2 to the same borrower – but about 75% of Loan 2 is to be used to pay off Loan 1. However, it turns out that the surveyor who did the valuation at the time of Loan 2 was negligent, and the property was worth less. Accordingly, the lender sues the negligent surveyor for the losses arising. Are those losses the full 100% of Loan 2, or just 25% (given that 75% was already owed on the property)?

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Public right of way – s31(6) deposit

There are several ways in which new public rights of way can be created: by express grant, by order of a public authority, or by ‘dedication’ by the landowner (which can be either express or implied). In practice, the most common of these is presumed dedication (ie implied dedication), which can be either at common law or by statute. In practice, statute is by far the most common, and the statutory test for presumed dedication is set out in s31(1) HA 1980:

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Restrictive covenant – reminders

A reminder of some of the basic points about restrictive covenants:

Does the covenant ‘touch and concern’ (ie benefit) the land? And does it ‘burden’ other land? Unless it touches and concerns land it will probably be a mere personal benefit, and thus merely a contractual arrangement (rather than a restrictive covenant).

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Restrictive covenant – illustration

A recent Upper Tribunal case provides a neat illustration of the way the Tribunal can approach compensation, conduct, consent, and costs.

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Adverse possession – registered land

A reminder that there are two different regimes for establishing adverse possession in respect of registered land.

Old law: if a trespasser can show that they had been in adverse possession for 12 years prior to 13 October 2003 then there will be an entitlement to be registered as proprietor.

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Squatters – Christmas

Anecdotally, there is an increase in the number of squatting cases over Christmas (whether they be illegal ravers, protesters, or trespassers who want to strip the premises and dump contaminated waste and rubbish in the premises). Needless to say, many commercial premises, such as offices, are particularly vulnerable during the long Christmas break.

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Right to light – release by T?

To what extent can a long-lessee release the right to light over the tenanted property (without L’s consent)? After all, if there is 20 years or more left on the lease then, in theory, that would allow a neighbour to acquire a right to light (without L’s consent).

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Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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