The Practical Lawyer


‘Reasonable endeavours’ – drafting

   A party to a development agreement might have a qualified obligation to take certain steps (eg apply for planning permission and then appeal any refusal). Needless to say, it is important to be crystal clear about the scope of such a qualified obligation. Thus, it can often be helpful to be more specific. For instance:

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Parking – signs effective

The CA has come up with a common-sense approach when deciding that signs are sufficient to stop someone acquiring a parking easement.

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Village green – land by school?

Could land beside a school be registered as a town or village green?

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Telecoms Code – reform?

As we have noted on several occasions, the Electronic Communications Code is a stand-alone piece of legislation which does not sit comfortably with the commercial lease provisions of LTA 1954.

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Commons – unregistered rights?

There has been an important decision for owners of common land, and those who claim to have unregistered rights over such common land. In essence, those unregistered rights are no longer registerable.

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Rights of light – s237 TCPA 1990

One way of overriding rights of light (or any other easement) is to use s237 TCPA 1990, provided the development is of importance to the community (eg it will lead to rent regeneration, or provide much needed commercial or residential space).

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Japanese knotweed – antisocial behaviour

Even a very small amount of Japanese knotweed can cause major damage by breaking through tarmac and concrete. Remediation can be long-term and difficult. Needless to say, lenders are reluctant to lend.
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Restrictive covenant – ‘annoyance or nuisance’

Many restrictive covenants contain specific prohibitions against the erection of new buildings or extensions. But, if there is no such specific provision can an extension be stopped by a general prohibition against doing ‘anything of whatsoever nature which may be or become anuisance or annoyance for the owners or occupiers for the time being of the land’?
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Negligent valuation – 15% margin

What is the margin of error in a negligent valuation claim? According to the CA, in a large commercial valuation the margin is plus or minus 15%.
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CON29DW – July 2016

The standard residential drainage and water search form (CON29DW) is being updated. It will be used by all water providers by 4 July 2016, which is when the new version of the Law Society’s CON29 and CON290 comes into effect. Prior to that date, some water providers are doing soft launches (ie non-compulsory).
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