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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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Easement – mere ‘recreation’

A mere right of ‘recreation’ will not pass as an easement (Ellenborough Park [1955]). But, despite that, the High Court has held that the right to use a golf course, swimming pool or tennis court was a binding easement.

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Easement – access point?

A right of way was granted so far as it was ‘necessary’ to gain access to the property. But, could the easement owner move the location of the access gates?

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Construction – ‘smash and grab’ adjudications

There has been an ever increasing trend in the construction sector for losing parties to try to side-step the decision made by an adjudicator, through the use of enforcement proceedings. However, Coulson J has put his foot down on parties trying to resist the enforcement of an adjudicator’s decision on the basis that the adjudicator simply ‘got it wrong’.

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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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