The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Right of light – agreement?

Under the Prescription Act 1832 a right of light arises after a ‘period of 20 years without interruption... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing’.

Subscribers only...
 

Highway – non-dedication

The traditional way for a landowner to stop a public highway being created across land is to close off access for one day every year, so as to make it clear that use by the public for the remainder of the year is permissive. Alternatively, many landowners erect signs under the Highways Act 1980. The point, of course, is that landowners are concerned about the creation of new public highways through long-use (ie public use, without permission, for a period of 20 years or more).

Subscribers only...
 

Listed buildings – reminder

It is worth noting that the government has issued new guidance to LAs aimed at more enforcement of the listed buildings regime. Bear in mind that:

Subscribers only...
 

Restrictive covenant – who benefits?

The owner of a bungalow wanted to replace the flat roof with a pitched roof. But, the bungalow was subject to a covenant not to make any alterations without the plans having first been approved by ‘the seller’ (such approval not unreasonably withheld). However, the seller had died and the question then arose as to whether his successors in title had the benefit of the covenant and so were able to enforce it.

Subscribers only...
 

Restrictive covenant – modified

Who can enforce a restrictive covenant that has previously been modified by the Lands Tribunal? The answer will depend on the wording of the order made by the LT, but the key point to note is that it can never be a wider group of people than were originally able to enforce the covenant.

Subscribers only...
 

Insurance – material change

Since an insurance contract is a contract ‘of the utmost good faith’ it follows that the insured must disclose all material facts (and not misrepresent material facts). In deciding what is ‘material’, the statute says:

‘Every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or determining whether he will take the risk’ (Marine Insurance Act 1906).
Subscribers only...
 

Adverse possession – highway?

Is it possible for a squatter to obtain adverse possession of land dedicated as a public highway?

Subscribers only...
 

Right of way – interference

To what extent can someone who has granted a right of way ‘interfere’ with the exercise of that right of way?

Subscribers only...
 

Right of way – right to park?

The general rule is that no right to park will be implied into a right of way. There is, however, a Scottish case which is often referred to as an authority for an implied right to park.

Subscribers only...
 

Charging order – Land Registry

If there are joint proprietors, the LR will not register a charging order if there are two separate documents (ie one against each of the proprietors).

Subscribers only...
 


Page 62 of 64

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
Join the IBA now!
MSI Global Alliance
www.totallylegal.com
In House Lawyer