Legal features
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Varying leases to recover costs
Can the FTT vary a lease to provide for the recovery of legal costs as an administration charge?
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Going for a conversion
Karen Mason outlines the necessary steps in changing a property’s use from residential to commercial, and highlights the potential consequences of failing to adhere to the law
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Why green is still the new black
As we navigate the complex political rhetoric circling sustainability, it is easy to lose sight of the fundamental role of sustainable real estate in the economy – done well, it…
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Unpicking the industry’s ‘web of blame’
Everyone has a responsibility to help shape the reform of construction products
Legal news
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Oil exploration and production are ‘distinct in planning’
Residents’ association has been opposing plans to drill for oil and gas since 2013
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Court of Appeal finds boundary agreement binds successors
The case centres on a neighbour dispute in Chelmsford, Essex
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Security company sues Tate over £27m lost contract
Contract was handed to a rival firm
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Supreme Court mulls boundary dispute about adverse possession
The outcome is expected to have repercussions in a “interesting and relatively new area of law”
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Sussex villagers take fracking fight to Court of Appeal
Frack Free Balcombe Residents Association has been opposing plans to search for oil since 2013
Legal categories
Practice points
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Without notice application for injunction dismissed
No good reason for making application unilaterally and without any notice led to failure
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Tribunal satisfied of planning need for student accommodation
Planning need does not need to be expressed as a specific figure
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Pre-emptive notices were invalid
To decide whether structures constitute separate buildings, the court conducts a multi-factorial evaluation exercise
Case summaries
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Van Zyl and another v Walker-Smith
Land – Boundary dispute – Attached plan
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Boffey v Dyer (LO)
Council tax – Liability – hereditament – Appeal
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Southern Country Parks Ltd v Bird and others
Park homes – Pitch fee – Review
Law reports
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McLeish and another v Secretary of State for the Environment, Food and Rural Affairs and another
Right of way – Modification order – Wildlife and Countryside Act 1981
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Weintraub v Hackney London Borough Council
Landlord and tenant – Right to buy – Tenant condition
Transcripts
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Van Zyl and another v Walker-Smith
Land – Boundary dispute – Attached plan
-
Boffey v Dyer (LO)
Council tax – Liability – hereditament – Appeal
-
Southern Country Parks Ltd v Bird and others
Park homes – Pitch fee – Review