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Land

Adverse possession – registered proprietor?

The Upper Tribunal has said that a registered proprietor can never be in adverse possession of the land.  

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Right of way – obstruction by gate?

If your land is subject to a right of way, then you may be able to erect a gate without that being a ‘substantial interference’ with the right of way.

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Money laundering – overseas ownership

As a result of the fourth money laundering directive the government has issued fresh proposals for the registration of land ownership by overseas entities (whether individuals or not).

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Freehold – flying

How would you define a ‘freehold’? A good starting point would be to say that it means non-time-limited ownership of land, descending down to the centre of the earth and ascending up to the sky (as far as necessary for the ordinary beneficial use of the land).

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Restrictive covenant – modification

It may be argued that a restrictive covenant should be modified or discharged under s84 LPA 1925 because it is obsolete (s84(1)(a)) or that it impedes a reasonable use of the land (s84(1)(aa)). But, if the argument is that the covenant impedes some reasonable use of the land, the tribunal will need to satisfy itself that the covenant:

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Rates – update

Two unrelated points to note:

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Restrictive covenants – pre-1926?

LPA 1925 did not fundamentally change the law on the enforceability of restrictive covenants; accordingly, similar principles apply when deciding whether a covenant is enforceable whether it be pre-1926 or post-1925.

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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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Page 6 of 63

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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