The Push Towards Low Carbon Development

11th October 2010

The property industry is being inexorably pushed to change the way it does things, the built environment is gradually going to look different around us all. There are several factors driving this change but one of the most effective at … Continue reading

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Defra Consults on the Possible Release of an Insect to Control Japanese Knotweed

30th September 2009

Defra is currently consulting on its proposal to release an insect into the UK as a biological control against Japanese knotweed. Japanese knotweed is renowned for its ability to damage the built environment, particularly drainage concrete and foundations and has … Continue reading

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Landlord Opposes Renewal of Business Lease on Redevelopment Grounds – But His Friendly Covering Letter Gets Him into Trouble

30th September 2009

In a recent case Inclusive Technology v Williamson a landlord who was on good terms with his tenant warned his tenant that he was thinking of opposing any renewal of the tenant’s business lease due to the statutory ground that … Continue reading

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Can the Landlord Object to the Assignment of a Lease to a Brand New Company?

30th September 2009

The landlord is entitled to consider the financial strength of a proposed assignee. In a recent case Royal Bank of Scotland v Victoria Street (No 3) Limited RBS wanted to assign a lease due to expire in three years’ time. … Continue reading

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No Right to a View – But a Right to Prevent an Annoyance

30th September 2009

In law there is no right to a “view”. However, a recent case Dennis v Davies  shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause “nuisance or annoyance” then the “annoyance” factor … Continue reading

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Listed Buildings – Points to Remember

30th September 2009

The government has issued new guidance to local authorities aimed at more enforcement of the listed buildings regime. Bear in mind the following:     There is no limitation period for breaches. Something done years ago may still be liable to … Continue reading

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A Legal Right to Lay Cable Over a Neighbour’s Land – But There Was Still a Problem

30th September 2009

In a recent case of particular interest to developers, William Old International Limited v Arya, a developer was given by a neighbouring landowner the standard legal right to lay service media across the neighbour’s land. However, one of the statutory … Continue reading

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Interference with a Right of Way – How Far Can the Grantor Go?

30th September 2009

If you grant a right of way you cannot then interfere with it if the right of way cannot be “substantially and practically exercised as conveniently as before”. Any interference producing this result will be unlawful. However, in a recent … Continue reading

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What is a Material Change for Insurance Purposes?

30th September 2009

An insurance contract being a contract of “the utmost good faith” the insured must disclose to the insurer all “material” facts (and not misrepresent material facts). In deciding what is material a statutory definition says “every circumstance is material which … Continue reading

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UPDATED ARTICLE – New coastal access provisions are on their way – what might they mean for landowners?

16th July 2009

The Marine and Coastal Access Bill has completed its progress through the House of Lords and has recently had its second reading in the House of Commons.  According to DEFRA’s website, Royal Assent for the Bill is planned for 2009 … Continue reading

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