The Practical Lawyer


Allotments – protection

With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development.
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Overage agreements – implying an obligation to sell

Overage agreements often arise where a landowner wants to sell land at its current value, but also wishes to take part of any uplift in value that may be realised at a later date, for example, when planning permission is granted, or the land is redeveloped.
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Adverse possession – paving a forecourt

Adverse possession describes a claim to ownership of land arising not from documentary evidence, but from actual occupation of the land. 
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Development – is there a right of way?

The CA recently considered a case, the facts of which will be familiar to many conveyancers.
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Restrictive covenant – no release

The CA has recently held that a developer who knowingly built in breach of a restrictive covenant should not be entitled to obtain its release under s84 LPA 1925. 
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HMLR – fraud is not ‘mistake’

A court can order rectification of an HMLR register of title if a mistake has been made. 
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Tate peeping – no nuisance

The Tate Modern museum opened a viewing gallery in 2016 which enabled viewers to have a panoramic view of London and, as it transpired, the inside of adjacent apartments which have floor to ceiling glass walls.
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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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We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
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Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
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The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...


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