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Legal wrap: Railways, beneficial ownership and more EG Legal highlights

This week we cover a broad range of topics, including developing within a railway environment and the effect of rent caps in Scotland.

We feature comment on why the Landlord and Tenant (Covenants) Act 1995 would make a strong candidate for review by the Law Commission, as well as an article considering the possibility of disclosing beneficial interests on the land register.

And last, but by no means least, our Legal Notes column sets out the latest instalment in a case concerning a breach of the right of first refusal under the Landlord and Tenant Act 1987.

Legal news

Court of Appeal upholds ruling in Salford North Tower case
Freeholder in dispute with receivers over maintenance of common areas

Legal features

Crossing the tracks – developing in the railway environment
Greg Phillips gives an introduction to development within the railway environment

Never mind the 1954 Act…
The Law Commission should be focusing on the 1995 Act, waiver and forfeiture, MEES and other issues, write Debbie Eliad and Kim Clifford

Raising the curtain on beneficial ownership
Mark Pawlowski considers the possibility of disclosing beneficial interests on the land register

Let the dust settle on rent caps
Certainty and consistency in policy is vital to delivering the housing that Scotland needs, writes Steven Dick

Rural View: New standards for nature
Charles Cowap asks, what are the implications of a proposed new standard for nature investments?

Legal Notes: A section 19 order is an interest in land
Elizabeth Dwomoh considers a case concerning a breach of the right of first refusal under the Landlord and Tenant Act 1987

Practice points

Possession order properly made against a disabled tenant
Reading Borough Council v Holland

Claim for trespass by concrete overspill must be pleaded to be pursued
Goodmans Autos Ltd v Maverstone Properties Ltd and another

Trust insufficient to create mutual wills or proprietary estoppel
McLean and others v McLean

Equitable lien protected by notice before charge registered is enforceable
Williams and another v Alter Domus Trustees (UK) Ltd and others

Receivers not liable where vesting of a lease was for the purpose of the receivership
Alma Property Management Ltd v Crompton and another

Case summaries

Alma Property Management Ltd v Crompton and another
Landlord and tenant – Specific performance – Repairing covenant

Williams and another (as joint administrators of Signature Living Residential Ltd) v Alter Domus Trustees (UK) Ltd (formerly Cortland Trustees Ltd) and others
Real property – Agreement for lease – Equitable lien

Orbit Housing Association Ltd v Vernon
Landlord and tenant – Service charges – Tenancy agreement

Pathfield Estates Ltd v Haringey London Borough Council
Town and country planning – Enforcement notice – Waiver

Law report

Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd
Leasehold enfranchisement – Right to manage – Qualifying tenants


For more legal articles and to search our extensive archive, visit EG Legal 


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