The Practical Lawyer

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Land

School sites – reverter?

During the 19th century, various Reverter Acts encouraged landowners to give land for charitable purposes (eg schooling).
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Development – above and below

The shortage of development sites, and increased rates of SDLT, are part of the reason why there are many more applications to dig down (ie to create a new basement) or go up (ie create an additional floor on top).
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‘Endeavours’ – meaning?

It is not uncommon for a contract to require a party to engage in ‘best endeavours’, ‘reasonable endeavours’, or ‘all reasonable endeavours’.
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Right of way – abandonment?

It is difficult to argue that a right of way has been abandoned.
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Right to light – challenging

What tools are available to a developer when a site is subject to rights of light? 
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Adverse possession – what is it?

Adverse possession is a question of fact. Importantly, the use of the word ‘adverse’ is somewhat misleading:

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Restrictive covenant – update

Two unrelated, but noteworthy, cases:

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Japanese knotweed – nuisance

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 houses.

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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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