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Knotweed – no ‘encroachment’

There are two possible grounds for a nuisance claim in respect of Japanese knotweed.

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Japanese knotweed – the cases

Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient.

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SDLT – avoidance

All conveyancers will know that the SRA has warned solicitors about their involvement in SDLT avoidance schemes. 
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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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Page 6 of 67

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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
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The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
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...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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