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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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Adverse possession – before 2003

LRA 2002 came into force on 13 October 2003. From that date, the new regime introduced by the 2002 Act provides a restrictive regime for the registration of squatters.

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Right of way – actionable interference

The existence of a private right of way over a development site can have a major impact on the site’s potential value. So, to what extent can the developer change the right of way?

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Wales – LTT

 A reminder that Welsh land transaction tax came into force on 1 April 2018, as the Welsh version of SDLT (Scotland also has its own separate regime).

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Party wall – service methods

Party Wall Act 1996 lists various methods by which notices and documents ‘may’ be served. Since that list pre-dates the use of e-mails, it was assumed that service by e-mail would be invalid; accordingly, Regs were passed in 2016 saying that e-mail could be used – provided the recipient agreed.

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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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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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