Archive for the ‘Land Law’ Category
The Treatment of Inherent Defects in Leases (Updated 2017) 0 Comments
The appalling tragedy of Grenfell Tower has caused me to reflect further on a subject which I have written about before. That is the liability of whichever of the landlord and tenant under a lease is liable for repair, to make good what I still find it convenient (although somewhat out of fashion) to call […]
The Treatment of Inherent Defects in Leases 0 Comments
Proposition: modern leases of commercial property rarely, if ever, attempt to provide in a balanced and equitable way for the treatment of inherent defects. I am available to advise on the issues covered by the following blog post, and any other issues concerning Property Law, including planning, compulsory purchase, easements, restrictive covenants and anything else […]
Applications for Planning Permissions by Gypsies and Travellers 0 Comments
Question: Where applications for planning permission are made by or on behalf of gypsies or other travellers, are local planning authorities (LPAs) having sufficient regard to government guidance and relevant case law? The following comments are limited to the question raised above; I am concerned here only with applications by persons claiming gypsy or traveller […]
Restrictive Covenants 0 Comments
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 land as is capable of being benefitted, the court normally starts with the assumption that the restriction is capable of doing so. (2) The burden on the person who seeks to […]
Rights of Pre-Emption and the Rule Against Perpetuities 2 Comments
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 immediate interest in land; and
Town & Country Planning Act 1990 s237 : Extinguishment of Rights of Light 0 Comments
Proposition: It is unlikely that the owner of a building whose right to light is extinguished under s.237(1) of the Town & Country Planning Act 1990 could at that stage apply for a judicial review, but judicial review might well be available on the making of the underlying compulsory purchase order under s.226(1).
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