Raymond Cooper – Consultant Real Estate and Planning Lawyer
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Applications for Planning Permissions by Gypsies and Travellers II 0 Comments

Applications for Planning Permissions by Gypsies and Travellers II
  • Posted: 7 years ago
  • Category: Town & Country Planning

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Proposition: the procedure generally adopted by local planning authorities (LPAs) in dealing with planning applications made by gypsies and travellers is problematic in terms...
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The liability of guarantors in the light of Topland Portfolio No. 1 Limited v Smiths News Trading Limited 0 Comments

The liability of guarantors in the light of Topland Portfolio No. 1 Limited v Smiths News Trading Limited
  • Posted: 7 years ago
  • Category: Landlord and Tenant

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Although it is established law that the guarantor for a tenant under a lease will be excepted from further liability if the tenant agrees...
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Applications for Planning Permissions by Gypsies and Travellers 2 Comments

Applications for Planning Permissions by Gypsies and Travellers
  • Posted: 7 years ago
  • Category: Land Law, Town & Country Planning

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Question:  Where applications for planning permission are made by or on behalf of gypsies or other travellers, are local planning authorities (LPAs) having sufficient...
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Chattels and Tenants’ Fixtures 1 Comment

Chattels and Tenants’ Fixtures
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant

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Proposition: (1)  A tenant under a business lease can always (and at any time) remove chattels owned by him; (2)  where an item is...
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Tenants’ Break Clauses : Conditionality 0 Comments

Tenants’ Break Clauses : Conditionality
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

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Proposition: (1)  The right of a tenant to break a lease of business premises before the end of the contractual term should not be...
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Restrictive Covenants 0 Comments

Restrictive Covenants
  • Posted: 8 years ago
  • Category: Business Leases, Development Leases, Land Law, Landlord and Tenant

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Proposition:   (1)  Where a restrictive covenant is expressed to be for the benefit and protection of so much of the seller’s adjoining or adjacent...
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Rights of Pre-Emption and the Rule Against Perpetuities 2 Comments

Rights of Pre-Emption and the Rule Against Perpetuities
  • Posted: 8 years ago
  • Category: Business Leases, Land Law

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Proposition:   (1)  A right of pre-emption (or “first refusal”) does not (unless granted in relation to registered land after 13th October 2003) create an...
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The Provision of Security Under Development Leases 0 Comments

The Provision of Security Under Development Leases
  • Posted: 8 years ago
  • Category: Business Leases, Development Leases, Landlord and Tenant

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Proposition:  Where a long development lease permits multiple redevelopments, the lease should require a developing tenant to provide the landlord with security before commencement...
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Consensual Rights to Light and Successors in Title 3 Comments

Consensual Rights to Light and Successors in Title
  • Posted: 8 years ago
  • Category: Business Leases, Development Leases, Easements, Landlord and Tenant

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Proposition:   Where, for the purposes of s.3 of the Prescription Act 1832, a right to light is enjoyed by the dominant tenement as a...
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Tenants’ Right to Carry Out Improvements II 0 Comments

Tenants’ Right to Carry Out Improvements II
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant

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Proposition:  Whilst an absolute prohibition, in a lease of business premises, against redevelopment or the carrying out of structural alterations is not effective, it...
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Welcome

These blogs are intended to cover matters of interest in connection with property law in England and Wales. I hope they will be of interest to all concerned in the property industry; they are not intended solely for lawyers, and I will try and strike a balance in posts in order to achieve both readability and accuracy. This may lead to what a lawyer might see as a degree of over-simplification; lawyer (and indeed non-lawyer) subscribers are very welcome to tell me what I have got wrong or to express contrary views or ask for authority for any propositions I put forward – all comments will be welcome.

I will, wherever possible, include links to statutes and cited cases. So far as case law is concerned, I am indebted to the British and Irish Legal Information Institute (BAILII) for allowing me to link to the vast amount of case law which they have accumulated on their site. The site is an enormously helpful research tool; BAILII is a charity which is dependent on donations from law firms and others to expand its already extensive database.

I may also from time to time use this facility to express non-legal opinions on topical issues, and these are listed under “Non-Legal Opinions”.

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Disclaimer

Any views which may be expressed in this blog are my own; the intention is not to give legal, or any other, advice but to open up a subject for discussion. There is no intention on my part to create any duty of care or lawyer/client relationship – anyone who does rely upon any view I may express does so at their own risk, and I cannot and do not accept any liability whatsoever for any loss arising from anyone’s reliance on anything contained in any posting, or any other information contained in this website or in any linked websites.
 
Please bear in mind also that the law changes; I do not make a practice of constantly revising and updating all past posts so you should have regard to the date of the posting and to any subsequent developments in the law (though if there was any really dramatic change I might, but do not undertake to, make it the subject of a separate post).

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