The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Rates – Check, Challenge, Appeal

The Check, Challenge, Appeal Regime replaces a long-established process of challenging rates assessments. It is frontloaded, heavily prescribed, procedurally burdensome – and risky. There are three stages:

Subscribers only...
 

Equity – exoneration

The ‘equity of exoneration’ is a 19th century common law doctrine, which is still of important modern application.

Subscribers only...
 

ACV – consequences

The assets of community value regime was introduced by Localism Act 2011. But, what are the consequences of registration as an ACV? In essence, there are three:

Subscribers only...
 

Restrictive covenant – insurance?

If you are buying a property subject to a restrictive covenant, do you need to take out insurance to cover liability for your predecessors’ breaches?

Subscribers only...
 

Restrictive covenant – holiday bungalow

Many holiday bungalows or chalets are subject to use restrictions, so the property can only be used for a certain number of weeks pa (so as to avoid it becoming a full-time residence). Such a restriction will usually be imposed because of a planning condition.

Subscribers only...
 

Easement – mere ‘recreation’

A mere right of ‘recreation’ will not pass as an easement (Ellenborough Park [1955]). But, despite that, the High Court has held that the right to use a golf course, swimming pool or tennis court was a binding easement.

Subscribers only...
 

Easement – access point?

A right of way was granted so far as it was ‘necessary’ to gain access to the property. But, could the easement owner move the location of the access gates?

Subscribers only...
 

Construction – ‘smash and grab’ adjudications

There has been an ever increasing trend in the construction sector for losing parties to try to side-step the decision made by an adjudicator, through the use of enforcement proceedings. However, Coulson J has put his foot down on parties trying to resist the enforcement of an adjudicator’s decision on the basis that the adjudicator simply ‘got it wrong’.

Subscribers only...
 

Rates – revaluation

The business rates revaluation that came into force on 1 April 2017 has caused much controversy. In part, this is because RVs are based on the rent payable for the premises – and there have been significant rent increases in recent years (especially in London and the south-east). Revaluations are supposed to recur every five years, but the 2015 revaluation was delayed.

Subscribers only...
 

Rates – refurbishment

The Supreme Court has handed down a judgment that will be welcomed by all commercial property developers. The court has reversed the previous CA decision and held that only nominal rates have to be paid when a building is being redeveloped.

Subscribers only...
 


Page 4 of 60

Most-read articles

Resources

IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance
www.totallylegal.com