All Property articles – Page 40
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NewsLand registry update
The Law Society has responded to the government’s consultation on the introduction of a Land Registry service delivery company, warning that the proposals could undermine the integrity of the register.
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FeatureAfter the flood
Insurance for properties at risk of flooding has been uncertain since the end of the ‘Statement of Principles’ last year. The new ‘Flood Re’ arrangement seems to offer light at the end of the tunnel, but, asks Jo Morgan , will it be fit for purpose?
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News
New capital allowances practice note
From 1 April 2014 for corporation tax payers and 6 April for income tax payers, capital allowances, which allow for tax relief for fixtures in property, must be identified and documented at the point at which commercial properties are bought or sold, or they will be lost forever. ...
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FeatureEnergy bar
Prospective legislation in the Energy Act 2011 could mean that from April 2018 landlords cannot let environmentally inefficient properties. Karin Horsley and Joanne Anderton outline the steps to take now
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FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
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FeatureLease and bounds
Late last year, the Law Society responded to the Law Commission’s consultation on areas of landlord and tenant law in need of reform. Warren Gordon outlines two of the issues in our response, on guarantees and contracting out
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FeatureGreen and pleasant land?
The high-profile case of the undercroft on London’s South Bank has highlighted the continuing issues around town and village greens. Antonia Murillo explains the law and practice, and how solicitors should advise landowners wanting to develop unused land
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FeatureOpen house
New legislation offers homebuyers and tenants greater protection from misleading statements about properties, but it will also affect property agents and solicitors. Robert Bolwell explains
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FeatureSafe as houses
Conveyancing has traditionally been considered a high-risk area for complaints and insurance claims from both clients and lenders. Steve Ray explains how conveyancing firms can allay these concerns for the insurers and get the best out of this year’s renewal process
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FeatureSnakes and ladders
With the property market looking up, many conveyancing firms are back in the recruitment market. But how can you ensure that you recruit the appropriate staff resource to cope with future market changes? Victor Olowe explains
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FeatureThe weakest link
Marlon Appleton provides a step-by-step guide to one of the trickiest elements of stamp duty land tax: how the legislation applies to transactions linked by connected persons, in a series, or within a single scheme
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Analysis
R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs
In a test case with the potential to affect 500 to 1,000 other public rights of way, the claimant challenged the defendant Secretary of State’s decision, upholding a local authority’s refusal to modify the definitive map of the area to include a public bridleway.
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Analysis
Balevents Ltd v Sartori
The claimants brought proceedings against the defendant, contending that he held registered title in respect of part of a pavement in front of a club on a constructive trust for one of them and that the register should be rectified accordingly.
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AnalysisCoventry v Lawrence and changes to the law of nuisance
Peter Reekie considers the implications of a recent case in relation to how remedies should be applied following the breach of an easements
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AnalysisSpotlight: Marks & Spencer v BNP Paribas
The Court of Appeal has overruled an earlier High Court decision that would have allowed Marks & Spencer to claim back over £1 million in rent and other charges.
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Analysis
Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust Ltd
The claimant tenant issued proceedings to restrain the defendant trust from consenting to substantial development, allegedly interfering with its right to quiet enjoyment under its lease. The judge dismissed the application and the claimant appealed.
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Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.
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AnalysisSpotlight: E.Surv v Goldsmith Williams Solicitors
The High Court rules on the terms of the ‘Bowerman duty’ around enquiries in a residential conveyancing transaction