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Real Estate: Restrictive Covenants Affecting Land

Real Estate: Restrictive Covenants Affecting Land
A restrictive covenant imposes an obligation to do something or requires expenditure e.g. an obligation to erect a boundary wall. This article looks at the benefits, how to enforce them and also how to modify restrictive covenants.A positive covenant is a different type of agreement and does not generally bind successors to the original party that ...
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666 Hits

Determined Boundary Applications; Agreed and Determined Boundaries

Determined Boundary Applications; Agreed and Determined Boundaries
When it comes to registering land, mapping was imprecise for a long time, meaning many old title plans can cause confusion over boundary lines. However, agreeing boundaries amicably with your neighbour is not always possible.  Where there is a dispute, a the Land Registry adjudicator will deter...
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569 Hits

Houses in Multiple Occupation FAQs

Houses in Multiple Occupation FAQs
What is a HMO? Why do I need a licence? Read our frequently asked questions about houses in multiple occupation (HMOs).   What is a house in multiple occupation (HMO)?A home is an HMO if the following conditions are satisfied:At least three tenants live there, forming more than one household; andToilet, bathroom or kitchen facilities are share...
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400 Hits

Applying for Adverse Possession

Applying for Adverse Possession
To acquire a right to be registered as the owner of land through adverse possession you need to meet three conditions:   The 3 conditionsFactual possession of the land (control over who uses it e.g. putting up fencing around the boundaries);Necessary intention to possess the land (use of the land as an owner e.g. building on the land or mainta...
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341 Hits

Leasehold Extensions – FAQs

Leasehold Extensions – FAQs
If you are a long leaseholder, you should be aware of how your lease can affect your property valuation. Leasehold extensions can be achieved in a few ways, but what suits you, your landlord, and your property best? 0 Advanced issues found▲  0 Advanced issues found▲     I have a lease of residential premises for 99 yea...
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369 Hits

Break Clauses in a Commercial Lease - FAQs

Break Clauses in a Commercial Lease - FAQs
A break clause is a provision in a lease which enables either party (or both) to terminate the lease early. Our Property Litigation Team looks how to exercise this clause and the usually very specific terms you need to adhere to.0 Advanced issues found▲  0 Advanced issues found▲     When can a break clause be exercised...
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411 Hits

What are property related professional negligence claims?

What are property related professional negligence claims?
If you hire a property professional, they have a duty to you to provide work of a sufficient standard. If that duty is breached and causes you loss, then you may well have a professional negligence claim. Typically, professional negligence in property matters relates to a property transaction and the professionals are solic...
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454 Hits

When does the Right of First Refusal apply and what are the benefits?

When does the Right of First Refusal apply and what are the benefits?
​Part 1 of the Landlord and Tenant Act 1987 (LTA 1987) gives certain residential tenants a right of first refusal where the landlord is proposing to dispose of the freehold.Where the LTA 1987 is applicable, there is a prohibition on the freeholder making any disposal unless: i.the landlord has first served formal offer notices on the "qualifying te...
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697 Hits

Practical Completion in Construction Contracts and their affect on Agreements for Lease

Practical Completion in Construction Contracts and their affect on Agreements for Lease
Practical completion is generally the point at which an 'expert' will confirm that a building project is complete, except for minor defects that can be put right without undue interference to an occupier. An Agreement for Lease will rely on this date and problems often arise when deadlines are not met or the level of acceptable 'minor defects' is d...
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1059 Hits

Long leasehold disputes - Alterations in residential properties

Long leasehold disputes - Alterations in residential properties
When you lease out your property you give day to day control to your tenant. However, sometimes a tenant can alter or use the property in a way that wasn't agreed. So, as a freeholder, what would do you do about unauthorised alterations in residential property that has been let on a long lease?Long leaseholds are normally for 99 or 125 years, altho...
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1082 Hits

Business and Property Courts - Pilot Disclosure Scheme

Business and Property Courts - Pilot Disclosure Scheme
On 1 January 2019 a new disclosure regime was launched for any matters in the Business and Property Courts. This is set out in CPR51(u) and aims to bring the process up-to-date and encourage greater efficiency.The primary CPR Rule dealing with disclosure is CPR31. This applies to all multi-track cases apart from personal injury....
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731 Hits

Rights Of Light And Development Of Land

Rights Of Light And Development Of Land
A right of light is the ability to enjoy the natural light that passes over land belonging to another, such as a neighbouring property, through the windows, sky lights and glass roofs in or on a property - often referred to as apertures. There is no automatic right to light but, if established, this right entitles a person to receive sufficient nat...
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2229 Hits

Forfeiture of a Commercial Lease – Is It Right For Me?

Forfeiture of a Commercial Lease – Is It Right For Me?
If a tenant breaches the conditions of a commercial lease the landlord is entitled to take legal action against the tenant if the lease permits. Forfeiture is the ultimate remedy available – but which way? Peaceable re-entry or Court proceeding? ​Forfeiture meaning - What is forfeiture of a lease? Forfeiture is essentially the legal remedy whe...
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2086 Hits

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