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Japanese knotweed – nuisance

The potential for litigation over Japanese knotweed was made clear by a Cardiff County Court decision we noted in our March 2017 issue (p7). Since then, the implications of that decision have become more widely recognised.

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Easement – different land?

To what extent can an easement benefit other land? The simple answer, of course, is it all depends on the extent of the grant – if there was an express grant, then it will depend upon the precise wording used in the deed (as well as the circumstances, and the intention of the parties at the time).

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Construction – ‘smash and grab’ adjudications

Coulson J has firmly stamped on the trend in the construction sector for losing parties to try and side-step the decision made by an adjudicator, through raising issues at enforcement proceedings.

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Houseboat – adverse possession

Could mooring a houseboat (for more than 12 years) in the same position amount to a claim for adverse possession?

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Non-doms – Finance Act

One of the consequences of the general election was that Finance Act 2017 had to be curtailed. As a result, various provisions have not come into law – in particular, those relating to non-doms:

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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:

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Equity – exoneration

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

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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:

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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?

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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.

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Page 5 of 61

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Court of Protection – trust deputies
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Professional – update
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Withdrawing admissions – increase in value?
Friday, 13 April 2018
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Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
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 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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