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Adverse possession – what is it?

Adverse possession is a question of fact. Importantly, the use of the word ‘adverse’ is somewhat misleading:

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Restrictive covenant – update

Two unrelated, but noteworthy, cases:

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Japanese knotweed – nuisance

One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced houses.

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Business rates – artificial schemes

The increasing burden of business rates means that owners of empty properties are now far more likely to look for ways in which they can avoid liability.

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Adverse possession – since 2003

LRA 2002 created a new regime for adverse possession claims in relation to registered land (in force since 13 October 2003). The net effect is that it is more likely that a registered proprietor will be able to prevent an application for adverse possession then was previously the case.

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Adverse possession – before 2003

LRA 2002 came into force on 13 October 2003. From that date, the new regime introduced by the 2002 Act provides a restrictive regime for the registration of squatters.

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Right of way – actionable interference

The existence of a private right of way over a development site can have a major impact on the site’s potential value. So, to what extent can the developer change the right of way?

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Wales – LTT

 A reminder that Welsh land transaction tax came into force on 1 April 2018, as the Welsh version of SDLT (Scotland also has its own separate regime).

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Party wall – service methods

Party Wall Act 1996 lists various methods by which notices and documents ‘may’ be served. Since that list pre-dates the use of e-mails, it was assumed that service by e-mail would be invalid; accordingly, Regs were passed in 2016 saying that e-mail could be used – provided the recipient agreed.

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Fencing – positive easement

For many years the courts have recognised an obligation to fence as being a binding obligation that can run with the land. Such fencing easements are not ‘true’ easements since they impose a positive (not negative) obligation.

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Service charges – estoppel?
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Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
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Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
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 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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