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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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Adverse possession – before 2003

LRA 2002 came into force on 13 October 2003. From that date, the new regime introduced by the 2002 Act provides a restrictive regime for the registration of squatters.

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Right of way – actionable interference

The existence of a private right of way over a development site can have a major impact on the site’s potential value. So, to what extent can the developer change the right of way?

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Wales – LTT

 A reminder that Welsh land transaction tax came into force on 1 April 2018, as the Welsh version of SDLT (Scotland also has its own separate regime).

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Party wall – service methods

Party Wall Act 1996 lists various methods by which notices and documents ‘may’ be served. Since that list pre-dates the use of e-mails, it was assumed that service by e-mail would be invalid; accordingly, Regs were passed in 2016 saying that e-mail could be used – provided the recipient agreed.

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Fencing – positive easement

For many years the courts have recognised an obligation to fence as being a binding obligation that can run with the land. Such fencing easements are not ‘true’ easements since they impose a positive (not negative) obligation.

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Right to light – LA power

A recent dispute involving Chelsea’s proposed new stadium has illustrated how an LA can intervene to override the private right to light.

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Timeshare – defences?

In practice, it can be extremely difficult to defend a timeshare claim, even though the client may complain of having been pressurised into a one-sided contract. In practice, there will often be no express ‘exit’ provisions in such contracts and there will be obligations to pay annual fees whether or not the property is used.

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Page 7 of 67

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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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