The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Land

Right of way – not extinguished orally

In an unsurprising judgment, the HC has held that a right of way is not extinguished by an oral agreement.
Subscribers only...
 

Fixtures – what passes on sale of land?

Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has considered this case law in the very current context of solar panels. 
 
Subscribers only...
 

Injunction against persons unknown - test

A further remedy available to landowners facing trespass is an injunction against persons unknown. The courts will be cautious in granting such an injunction and the CA has recently set out a useful test for the courts to apply when considering an application for an injunction against unknown persons:

Subscribers only...
 

Eviction of squatters - what are the options?

Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a wall on lands to which they do not have title, or where a commercial tenant holds over after a notice to quit. A useful article summarises the three types of possession proceedings available to the landowner in these circumstances:

Subscribers only...
 

Electronic Communications Code – review

The Electronic Communications Code came into force on 28 December 2017. Its purpose is to make it easier for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. 
Subscribers only...
 

Recreational activity – can be an easement

An easement is a non-personal right exercised over land owned by another. They can be created in a number of ways, including formal grant, prescription, long use, custom or by the operation of s62 LPA 1925. 
Subscribers only...
 

Cautions against first registration – a reminder

A caution against first registration is a form of protection for interests affecting unregistered land. Its effect is to require HMLR to give the person who has applied for the caution – the cautioner – notice of an application for first registration of the legal estate which the cautioner claims is affected by an interest to which they are entitled (and of an application for first registration of certain other estates).

Subscribers only...
 

Prescriptive easement – protection

Prescription is the acquisition of a right through long use or enjoyment – the law presumes that the right was lawfully granted. There are three ways to acquire an easement by prescription:

Subscribers only...
 

Proprietary estoppel – successful claim

Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do so. It is an equitable remedy which means that the court has a discretion whether or not to give relief. There are three elements which must be satisfied for a proprietary estoppel claim to succeed:

Subscribers only...
 

Japanese knotweed – surveyor held liable

Japanese knotweed is a topic that will not go away. In a recent unreported case, a chartered surveyor was held liable in negligence for failing to discover knotweed on a property.

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 68

Most-read articles

Inheritance claims – interim payments
Wednesday, 09 October 2019
When can the court exercise its statutory power to award interim payments to a claimant under the Inheritance Act? This issue rarely comes before the court and the author of this article highlights... Read more...
Refund entitlement – taxable amount not reduced
Wednesday, 09 October 2019
In their monthly VAT update, EY report on a case that will be interesting to lawyers as the facts involved an SDLT avoidance scheme (perhaps unsurprisingly, the four companies involved are in... Read more...
Costs – challenge promptly
Friday, 04 October 2019
Litigation solicitors will no doubt breathe a sigh of relief to note that a costs judge has refused a claimant’s application to challenge a solicitor’s bill that was agreed and approved over four... Read more...
Serving overseas – check the rules
Friday, 04 October 2019
 It might sound obvious, but if a firm is instructed to serve proceedings overseas, the firm must ensure that the rules of service in the relevant country are properly observed. The CA recently... Read more...
Pet rent – permissible
Friday, 04 October 2019
The excellent Pain Smith blog reminds us about the Tenant Fees Act 2019 (which we reported on in our previous editions – March 2019 (p27) and May 2019 (p28)). The Act outlaws letting fees paid by... Read more...
Brexit frustration – update
Friday, 04 October 2019
We reported in our April 2019 edition (p27) on the interesting case where the HC had to consider whether potential departure by the UK from the EU was sufficient to satisfy the legal meaning of... Read more...
Fixtures – what passes on sale of land?
Friday, 04 October 2019
Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has... Read more...
Parents – gender
Thursday, 03 October 2019
 A definition of the term ‘mother’ has been established for the first time under English common law in a landmark case. At issue was: where a person born female who has undergone gender... Read more...
Drugs and alcohol – managing in the workplace
Thursday, 03 October 2019
An interesting article reminds employers to review their drugs and alcohol policies and breaches of them in the light of recent developments. Businesses are increasingly expected to support employees... Read more...
Terrorism – notice of detention
Thursday, 03 October 2019
A revised notice of detention which examining officers must provide to someone detained under Schedule 7 to the Terrorism Act 2000 has been published by the government. The notice gives information... Read more...

Resources

IAG International
Join the IBA now!
In House Lawyer
www.totallylegal.com
MSI Global Alliance