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Land

Restrictive covenant – modification

It may be argued that a restrictive covenant should be modified or discharged under s84 LPA 1925 because it is obsolete (s84(1)(a)) or that it impedes a reasonable use of the land (s84(1)(aa)). But, if the argument is that the covenant impedes some reasonable use of the land, the tribunal will need to satisfy itself that the covenant:

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Rates – update

Two unrelated points to note:

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Restrictive covenants – pre-1926?

LPA 1925 did not fundamentally change the law on the enforceability of restrictive covenants; accordingly, similar principles apply when deciding whether a covenant is enforceable whether it be pre-1926 or post-1925.

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Japanese knotweed – nuisance

The potential for litigation over Japanese knotweed was made clear by a Cardiff County Court decision we noted in our March 2017 issue (p7). Since then, the implications of that decision have become more widely recognised.

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Easement – different land?

To what extent can an easement benefit other land? The simple answer, of course, is it all depends on the extent of the grant – if there was an express grant, then it will depend upon the precise wording used in the deed (as well as the circumstances, and the intention of the parties at the time).

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Construction – ‘smash and grab’ adjudications

Coulson J has firmly stamped on the trend in the construction sector for losing parties to try and side-step the decision made by an adjudicator, through raising issues at enforcement proceedings.

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Houseboat – adverse possession

Could mooring a houseboat (for more than 12 years) in the same position amount to a claim for adverse possession?

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Non-doms – Finance Act

One of the consequences of the general election was that Finance Act 2017 had to be curtailed. As a result, various provisions have not come into law – in particular, those relating to non-doms:

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Rates – Check, Challenge, Appeal

The Check, Challenge, Appeal Regime replaces a long-established process of challenging rates assessments. It is frontloaded, heavily prescribed, procedurally burdensome – and risky. There are three stages:

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Equity – exoneration

The ‘equity of exoneration’ is a 19th century common law doctrine, which is still of important modern application.

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