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Fencing – positive easement

For many years the courts have recognised an obligation to fence as being a binding obligation that can run with the land. Such fencing easements are not ‘true’ easements since they impose a positive (not negative) obligation.

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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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IHT – personal representatives’ liability
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Rent reviews – which index?
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Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
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Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
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H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
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Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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