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Land

Highway – what is a ‘spit’?

If legislation vests a highway in a highway authority, then the authority does not become the freehold owner of that land. Its ownership is limited (both in height and depth).

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IHT – Business Property Relief

Business property relief (BPR) gives a wide exemption to inheritance tax. Needless to say, there are various conditions that apply. In particular, BPR will not be available if the business ‘consists wholly or mainly’ of ‘dealing in securities, stocks or shares, land or building or making or holding investments’. From a practical point of view this is likely to exclude most businesses that involve the letting of property. In general, tribunals have held that letting property is a business that consists wholly or mainly in the making or holding of investments, no matter how extensive the services provided.

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Boundary disputes – protocol

An informal protocol for boundary disputes between neighbours has been developed by Falcon Chambers and Hogan Lovells (and has the support of the Property Litigation Association).

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Overage – ‘social/community purposes’

A housing site was sold by the landowner to a developer. Terms included an overage agreement, whereby the developer agreed to pay the seller 30% of the final sale proceeds (above a stated sum). To prevent the developer artificially reducing the sale proceeds there were restrictions on types of disposals he could make – although he was allowed to make a ‘transfer of land for roads, footpath… or other social/community purposes’.

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Easement – declaration?

A developer worried about a right to light (or any other easement that may be claimable by a neighbour) runs the risk of an injunction if the development proceeds without having first consulted the neighbour. As we have seen, insurance products are available to cover this situation (with modern policies allowing negotiations with the neighbour).

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Overage – non-compliance

A recent case involved an overage agreement whereby seller sold land (which had planning permission) to buyer. The sale agreement allowed seller ten months in which to get planning permission for an increased square footage (upon which the overage payment would become due).  

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Right to ‘enter’ – right to ‘inspect’?

A property owner had the right to ‘enter with workmen, tools and materials on adjoining land… for the purpose of effecting maintenance, repair and decoration’.  

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Right of way – to other property?

Can a right of way granted to plot A be used to access plot B? The normal answer will be ‘no’ – the right of way will benefit plot A (the dominant land) only.  

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Leases – basement extensions

There is still a legal presumption that ‘he who owns the soil owns up to heaven and down to hell’. But, how does that work in the context of a leaseholder who wants to dig down and create a basement extension?

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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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