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Land

School sites – reverter?

During the 19th century, various Reverter Acts encouraged landowners to give land for charitable purposes (eg schooling).
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Development – above and below

The shortage of development sites, and increased rates of SDLT, are part of the reason why there are many more applications to dig down (ie to create a new basement) or go up (ie create an additional floor on top).
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‘Endeavours’ – meaning?

It is not uncommon for a contract to require a party to engage in ‘best endeavours’, ‘reasonable endeavours’, or ‘all reasonable endeavours’.
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Right of way – abandonment?

It is difficult to argue that a right of way has been abandoned.
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Right to light – challenging

What tools are available to a developer when a site is subject to rights of light? 
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Adverse possession – what is it?

Adverse possession is a question of fact. Importantly, the use of the word ‘adverse’ is somewhat misleading:

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Restrictive covenant – update

Two unrelated, but noteworthy, cases:

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Japanese knotweed – nuisance

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 houses.

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Business rates – artificial schemes

The increasing burden of business rates means that owners of empty properties are now far more likely to look for ways in which they can avoid liability.

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Adverse possession – since 2003

LRA 2002 created a new regime for adverse possession claims in relation to registered land (in force since 13 October 2003). The net effect is that it is more likely that a registered proprietor will be able to prevent an application for adverse possession then was previously the case.

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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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