The Practical Lawyer


Notice of severance – rectification?

A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed.
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Rectification – unilateral mistake

There are four requirements to be met before the court will correct a unilateral mistake:
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Estate rentcharges – introduction

Estate rentcharges are primarily found on new residential (freehold) developments, where they are used to enforce communal covenants and payments for the common parts. 
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Telecoms Code – right of access

The Telecommunications Code came into force in December 2017 (see our February 2018 issue). As we have noted previously, the new Code is very much to the advantage of telecoms operators (rather than landowners). 
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Trees – inspection

How often should a landowner inspect trees (in case they fall down and cause damage)? The CA has recently given guidance, in the context of an LA which had trees abutting the highway (ie a high-risk area).
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Principal private residence relief is usually available (so no capital gains tax is paid) when a property owner sells their main home.
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Rates – staircase tax

It is not uncommon for a business to own two floors of a building that are not directly connected. For instance, T may occupy two floors of a block, but have to use L’s lift or stairs to get between the two different floors.
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Easement – recreational facilities

In an important decision, the Supreme Court has upheld a new type of easement – the right to use recreational facilities (eg a golf course, swimming pool, or tennis court). 
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Injunction – ‘persons unknown’

The courts have become increasingly willing to grant injunctions to cover anticipated trespass (typically involving illegal raves, fly tipping, or Travellers).
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Permitted development – commencement

In recent years, permitted development rights have been extended by the government in ways that could not have been envisaged a decade ago.

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