The Practical Lawyer


Registration gap – dangers

The potential dangers of the ‘registration gap’ are well-known. The ‘gap’ is the period of time between a buyer of a legal estate completing the transaction, and actually being registered as proprietor at the LR.

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Contract – no oral modification?

Most written contracts include a clause saying that any variation to the contract must be in writing and signed by the parties. This is often called a no oral modification clause.

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Rates – date of valuation

Rating law is full of hypotheticals. In particular, a property is valued as if it were in a reasonable state of repair – even when it is not (unless the repairs are sufficiently significant that a hypothetical L would not consider them ‘economic’ to undertake).

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SDLT – granny flats, annexes

The 3% SDLT surcharge applies to purchases of additional residential properties (including buy-to-let, second homes and holiday homes) where the chargeable consideration is at least £40,000.

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Rights of way – public

There are four categories of public rights of way:

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ACV – used by trespassers?

A developer argued that an LA could not register a field as an ‘asset of community value’ because the use by local residents was unlawful – on the basis that they were trespassers (even though they had used the field for more than 40 years, without any objection being made).

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Lender – consent to sale?

It is not unusual to have a loan agreement saying that the secured property can only be sold with the lender’s approval (‘such approval not to be unreasonably withheld or delayed’).

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Nuisance – sensitive claimant?

It is well known that it is not a defence to a common law nuisance claim to show that the claimant ‘came to the nuisance’ by moving into their property after the nuisance was started.

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‘Endeavours’ – ‘reasonable’

In the May 2018 issue (p15) we noted the difference between ‘reasonable endeavours’ and ‘best endeavours’.

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Knotweed – no ‘encroachment’

There are two possible grounds for a nuisance claim in respect of Japanese knotweed.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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