The Practical Lawyer


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.

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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).

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Break option – less strict test?

It is well known that break options are strictly construed, and all requirements must be followed to the letter before the option can be validly exercised. The classic example is Bairstow Eves [1993] where T had covenanted to decorate the premises in the last year of the term; in fact, T decorated four months before the beginning of the final year, but that was held to be a breach and thus T could not exercise the option to renew its lease.

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Restrictive covenant – interference with view?

We all know that, in law, there is no right to a ‘view’. But, a recent case shows how a restrictive covenant against ‘annoyance’ can be used to protect a view.

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SDLT – group relief lost

FA 2008 introduced important changes to the way group relief operates – in particular, how the relief can be clawed back if there is a subsequent ‘change of control’ of the purchaser.

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SDLT – apportioning goodwill

Not everyone is happy with the Revenue’s new approach to the assessment of goodwill on a trade sale (when the business is sold as a going concern). As we noted in our March 2009 issue (p15) HMRC now takes the view that goodwill is an asset that is separate from the land, and it will nearly always exist in such transactions.

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Conveyancing deeds – inserting pages?

What happens if a client signs a deed, but the solicitor then amends the document (eg inserts a revised page)? In practice, this happens a lot but the wisdom of such practices has been thrown into doubt by a recent tax case.

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Mortgage – possession

Lenders will now have to give occupiers longer notice of residential possession proceedings.

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France – inheritance

Don’t forget that the major trap for UK residents buying property in France is that they fall foul of the French rules on inheritance.

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Agent – no secret fee

The rules on estate agents (and on all other agents) are strict: the agent must not obtain any fee or payment without the express consent of the client.

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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:


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