The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Right of way – interpretation

The defendant converted his building into a pub, with the rear yard being a beer garden. He claimed the benefit of a right of way through a passage on his neighbour’s land but the neighbour argued that the right of way did not extend to such an extensive use.

Subscribers only...
 

Charging order – notice

The best protection for a charging order is for it to be noted as a notice in the Register. This is because when a transfer for valuable consideration or a legal charge is registered, the transferee or chargee will usually only be bound by a charging order that has been noted.

Subscribers only...
 

Charging order – restriction

You cannot enter a notice in respect of a charging order that affects only an equitable interest in land. It follows that the LR can give little protection to someone with a charging order against a beneficial share in land.

Subscribers only...
 

Charging order – priority

If a charging order has been granted against the legal estate then it is important to register it without delay (so as to get priority).

Two points to note:

Subscribers only...
 


Page 63 of 63

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...

Resources

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