The Practical Lawyer


Mortgage – possession

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

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

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 64 of 64

Most-read articles

Brexit – ‘no deal’
Monday, 22 October 2018
If there is a no deal Brexit, then the VAT rules on domestic transactions will not change. But, the rules for EU transactions will change: Read more...
Cohabitation – widowed parent’s allowance
Monday, 22 October 2018
The Supreme Court made a declaration that s39A Social Security Contributions and Benefits (Northern Ireland) 1992 Act, by which a widowed parent can only claim widowed parent’s allowance (WPA) if... Read more...
HMO – licence fees
Monday, 22 October 2018
Many LA licence fees for HMOs are unlawfully high. Read more...
Insurance – ‘premises’ or ‘building’?
Monday, 22 October 2018
The general rule is that if there is a fire, then L’s insurance will be for the benefit of both L and T. Read more...
Litigation privilege – wider
Monday, 22 October 2018
The CA has clarified the scope of litigation privilege. This follows widespread concern about a High Court decision which had taken a narrower view. Read more...
MIB – exclusions
Monday, 22 October 2018
The High Court has recently held that the Motor Insurers Bureau is an ‘emanation of the state’ under the EU Insurance Directives. Read more...
Proportionality – broad-brush approach?
Monday, 22 October 2018
When looking at ‘proportionality’ of costs, should the judge adopt a rigid mathematical approach to each item, or is a broad-brush approach to be preferred? Read more...
Rates – avoidance ploys
Monday, 22 October 2018
There are three main ploys (or ‘mitigation products’) for avoiding business rates. Read more...
Sentencing – careless driving
Monday, 22 October 2018
A lost his appeal against sentence following his conviction for causing death by careless driving. He had been sentenced to two years in prison, and disqualified from driving for five years (and... Read more...
Shared parental leave – take-up
Monday, 22 October 2018
Shared parental leave (SPL) was introduced in 2015. It allows parents to share up to 50 weeks of leave, with up to 37 weeks paid (subject to eligibility criteria), and they can choose to take the... Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer