The Practical Lawyer


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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Right of light – abandonment?

Can the dominant owner of a right of light abandon that right, so that the servient landowner can carry out a development that would otherwise be a breach of the right of light?
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Deeds – backdate

 A note from DAC Beachcroft says that deeds (including leases) should never be backdated.

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SDLT – 3% surcharge

The rules on the 3% surcharge for additional residential properties can be confusing:

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SDLT – non-residential

 A reminder of the important changes to the SDLT rules on non-residential properties introduced in the budget (from 17 March 2016):

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LR – alteration

There is a distinction between an ‘alteration’ of the register and ‘rectification’ of the register.

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Water abstraction – strict liability

 A landowner excavated fishing lakes. The result was a reduction in the water level on its neighbour’s fishing ponds (and that affected the viability of the neighbour’s fishery business). The end result was that the neighbour brought a claim for damages relying on negligence, nuisance and also s48A Water Resources Act 1991.

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CDM – one year on

The Construction Design and Management Regs 2015 were introduced a year ago. The big change was the abolition of the role of CDM co-ordinator, and its replacement with the new principal designer position. The idea was that the principal designer would be the central figure, appointed early and with control over the design process, and thus be able to implement health and safety throughout (in contrast to a CDM co-ordinator who tended to be appointed late, and would often be on the fringes of the construction team). What lessons have been learned one year later?

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