The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

IHT – Business Property Relief

Business property relief (BPR) gives a wide exemption to inheritance tax. Needless to say, there are various conditions that apply. In particular, BPR will not be available if the business ‘consists wholly or mainly’ of ‘dealing in securities, stocks or shares, land or building or making or holding investments’. From a practical point of view this is likely to exclude most businesses that involve the letting of property. In general, tribunals have held that letting property is a business that consists wholly or mainly in the making or holding of investments, no matter how extensive the services provided.

Subscribers only...
 

Boundary disputes – protocol

An informal protocol for boundary disputes between neighbours has been developed by Falcon Chambers and Hogan Lovells (and has the support of the Property Litigation Association).

Subscribers only...
 

Overage – ‘social/community purposes’

A housing site was sold by the landowner to a developer. Terms included an overage agreement, whereby the developer agreed to pay the seller 30% of the final sale proceeds (above a stated sum). To prevent the developer artificially reducing the sale proceeds there were restrictions on types of disposals he could make – although he was allowed to make a ‘transfer of land for roads, footpath… or other social/community purposes’.

Subscribers only...
   

Easement – declaration?

A developer worried about a right to light (or any other easement that may be claimable by a neighbour) runs the risk of an injunction if the development proceeds without having first consulted the neighbour. As we have seen, insurance products are available to cover this situation (with modern policies allowing negotiations with the neighbour).

Subscribers only...
 

Overage – non-compliance

A recent case involved an overage agreement whereby seller sold land (which had planning permission) to buyer. The sale agreement allowed seller ten months in which to get planning permission for an increased square footage (upon which the overage payment would become due).  

Subscribers only...
 

Right to ‘enter’ – right to ‘inspect’?

A property owner had the right to ‘enter with workmen, tools and materials on adjoining land… for the purpose of effecting maintenance, repair and decoration’.  

Subscribers only...
 

Right of way – to other property?

Can a right of way granted to plot A be used to access plot B? The normal answer will be ‘no’ – the right of way will benefit plot A (the dominant land) only.  

Subscribers only...
 

Leases – basement extensions

There is still a legal presumption that ‘he who owns the soil owns up to heaven and down to hell’. But, how does that work in the context of a leaseholder who wants to dig down and create a basement extension?

Subscribers only...
 

Adverse possession – registered proprietor?

The Upper Tribunal has said that a registered proprietor can never be in adverse possession of the land.  

Subscribers only...
 


Page 8 of 66

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

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