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Hypothetical Tenant Doesn’t Count (12 April 2010)

 

When vacating premises at the end of a lease, the maximum amount of the tenant’s liability for dilapidations under the dilapidations clause will be based on the difference in value of the leased property in its repaired and unrepaired states.

 

 

Unclear Drafting Blamed for Dispute Over Right of Way (12 April 2010)

 

A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel of land. When the owner died, the property was divided according to the terms of her will. The consents which conveyed the land to the beneficiaries were unclear, however.

 

 

Rights of Way - Landowners Take Note (1 July 2008)

 

Landowners who wish to prevent their land becoming part of the public highway should take note of two recent decisions in the House of Lords.

 

 

When is a Lease Created? (25 June 2008)

 

Tenants have significant rights compared with occupiers of premises whose occupation is by virtue of a licence, so it is sometimes important

 

 

Easements and Covenants - Changes to the Law Proposed (20 June 2008)

 

The law relating to covenants, easements and 'profits à prendre' over land is a relatively complex area given that such rights are common - the Land Registry has suggested that nearly two thirds of properties have some sort of easement over them and nearly 80 per cent have a covenant of some sort.

 

 

Country Landowners - Something to Cheer (15 June 2008)

 

Following a recent ruling of the Court of Appeal, country landowners will have something to cheer about. The judgment means that hundreds of applications made by councils representing off-roaders and other users, for right of way over rural tracks, are likely to fail.

 

 

Buying a House and Consumer Protection (3 June 2008)

 

With the advent of Home Information Packs (HIPs), the appointment of an Ombudsman for Estate Agents (OEA), the laying down in statute of the duties of estate agents and the recent passing of the Consumers, Estate Agents and Redress Act 2007 (CEARA), a property purchaser might reasonably conclude that their interests are strongly protected under the law.

 

 

Construction Dispute – Get it in Writing (31 May 2008)

 

Attempting to settle a construction dispute by the use of an adjudicator often seems to create more problems than it solves

 

 

Site Waste Management Plans (14 May 2008)

 

Construction Industry clients are reminded that the Site Waste Management Plans Regulations 2008 came into force on 6 April 2008.

 

 

E-Conveyancing on the Way (7 April 2008)

 

Plans to update the conveyancing process in England and Wales have been ongoing since 1998

 

 

Tenant Beware (19 February 2008)

 

When there are problems relating to defects in premises that are let, the tenant will normally try to obtain redress through the repairing covenant.

 

 

Who Doesn't Need a HIP? (18 January 2008)

 

Home Information Packs (HIPs) are now required for most residential properties put on the market, but the list of exceptions to the rule

 

 

Problem Trees and Preservation Orders (2 November 2007)

 

Cases involving damage to a property caused by trees located on a neighbour’s land

 

 

Property Losses - Latest Developments (17 September 2007)

 

Two recent cases have dealt with different aspects of damage to property and have provided clarification of the approach the courts will take.

 

 

Right to Buy – Common Sense Prevails in Definition of Premises (3 September 2007)

 

The right of a tenant to buy his or her property (under the Leasehold Reform, Housing and Urban Development Act 1993) is now well known.

 

 

Oral Agreement Gives Rise to Property Rights (16 July 2007)

 

It is a well-established principle of English law that contracts involving land must be made in writing. However, that is not to say that just because an agreement relating to land is not made in writing, it is unenforceable.

 

 

Site Waste Management Plans (3 July 2007)

 

The UK produces around 400 million tonnes of waste annually, of which approximately 72 million tonnes comes from construction sites. In an attempt to reduce this, the Government is introducing Site Waste Management Plans (SWMPs), which are due to become a legal requirement for the construction industry in England and Wales by spring 2008.

 

 

Unaffordable Mortgage Leads to Intentional Homelessness (19 June 2007)

 

A council tenant who decided to buy a house but could not then keep up the repayments on the mortgage, leading in turn to the house being repossessed, was found to have made herself intentionally homeless.

 

 

Ancient Law Costs Landowners (16 June 2007)

 

A couple who fell foul of an old law applying to their property are faced with a bill for building repairs plus legal costs amounting to an estimated total of £400,000, following a reverse in the House of Lords.

 

 

HIPs to Go Live on (25 May 2007)

 

The Government has confirmed that Home Information Packs (HIPs) are to go live on 1 June 2007, following their trial in several regions throughout the country. After that date, anyone who puts a house or flat on the market will have to supply prospective purchasers with a HIP.

 

 

Commercial Property Law Specialist (12 April 2007)

 

Buying or leasing a commercial property today can become hassle free only when the buyer knows their property law well. Even they are not familiar with the latest news they need correct legal advice.

 

 

Buying Abroad – Take Care (8 April 2007)

 

Recently, the newspapers have once again been featuring the plight of British people who have bought foreign properties (this time in Spain) only to discover that there are defects in their title, the ramifications of which can be catastrophic for the owners as their dream of a place in the sun turns into a nightmare.

 

 

Empty Properties – Rating Change Approaches (29 March 2007)

 

It has for some years been a bit of an oddity that with the economy buoyant, quite generous reliefs from business rates have been available where commercial premises are unoccupied.