The Practical Lawyer


Recitals – mandatory?

Not so long ago, any deed would have extensive recitals. Their purpose was to recite the history by which the parties had come to the point of agreement. Nowadays, however, recitals are usually very brief – and are sometimes dispensed with altogether.

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Registration gap – dangers

The potential dangers of the ‘registration gap’ are well-known. The ‘gap’ is the period of time between a buyer of a legal estate completing the transaction, and actually being registered as proprietor at the LR.

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Contract – no oral modification?

Most written contracts include a clause saying that any variation to the contract must be in writing and signed by the parties. This is often called a no oral modification clause.

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Rates – date of valuation

Rating law is full of hypotheticals. In particular, a property is valued as if it were in a reasonable state of repair – even when it is not (unless the repairs are sufficiently significant that a hypothetical L would not consider them ‘economic’ to undertake).

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SDLT – granny flats, annexes

The 3% SDLT surcharge applies to purchases of additional residential properties (including buy-to-let, second homes and holiday homes) where the chargeable consideration is at least £40,000.

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Rights of way – public

There are four categories of public rights of way:

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ACV – used by trespassers?

A developer argued that an LA could not register a field as an ‘asset of community value’ because the use by local residents was unlawful – on the basis that they were trespassers (even though they had used the field for more than 40 years, without any objection being made).

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Lender – consent to sale?

It is not unusual to have a loan agreement saying that the secured property can only be sold with the lender’s approval (‘such approval not to be unreasonably withheld or delayed’).

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Nuisance – sensitive claimant?

It is well known that it is not a defence to a common law nuisance claim to show that the claimant ‘came to the nuisance’ by moving into their property after the nuisance was started.

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‘Endeavours’ – ‘reasonable’

In the May 2018 issue (p15) we noted the difference between ‘reasonable endeavours’ and ‘best endeavours’.

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Page 5 of 67

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The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
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EU citizens – right to work checks
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The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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