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Land

‘Rebuild and renew’ – new development?

A 1993 easement granted a right of way for the ‘repair, rebuilding or renewal’ of a property. The property owner now wanted to demolish the existing single-storey warehouse (3,382 sq ft) and replace it with a new five- or six- storey residential and commercial block (22,000 sq ft).

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Oral agreement – proprietary estoppel

As we all know, s2 Law of Property (Miscellaneous Provisions) Act 1989 requires land contracts to be in writing. But, there is an exception for ‘resulting, implied or constructive trusts’. Note that there is no specific exception for estoppel.

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Architect – copyright

Under RIBA Standard Contract Conditions, an architect retains ownership of the copyright of the design in his drawings and plans, and therefore has control over their use.

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SDLT – abnormal rent increases

The SDLT regime was first introduced in December 2003, with the idea being that SDLT would normally be paid on the basis of the rents in the first five years. But, it is important to watch out for abnormal rent increases, since there are anti-avoidance provisions for those who might seek to lower the SDLT by having abnormally high rent increases outside the five-year period.

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SDLT – liability of assignee

One point to remember when acting for an assignee of an existing lease is that the client will take on all the liabilities of the assignor, including any adjustment of SDLT at the end of the five years, as well as any SDLT that may become payable on ‘abnormal’ increases of rent.

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SDLT – VAT changes

The change in the VAT rate announced in December can cause problems when calculating SDLT if VAT is charged on rent.

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Inheritance Tax – valuations

The fall in property prices is causing many IHT problems since IHT valuations are made at the date of death – which means that families may then find that they are being forced to pay tax on a value that can no longer be realised in the open market.

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LPA receiver – the basics

The property slump has seen the return of the LPA receiver (a property manager appointed by a lender under a fixed charge to take control of the mortgaged property following default by the borrower).

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Mortgage – power of sale

Prior to the introduction of Human Rights Act 1998, it was widely accepted that s101 enabled a mortgagee to exercise a power of sale, without first seeking a court order. But, has HRA 1998 changed that position?

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Nuisance – injunction or damages?

The starting point is to say that the normal remedy in respect of nuisance from land will be an injunction (not damages). Courts take the view that it is not for them to legalise wrongful acts, by merely allowing a money sum to be paid by a nuisance-causing wrongdoer.

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Page 60 of 63

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Trustees – duty to beneficiaries
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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?
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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
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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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