Vehicle way – Dispute over point of access. Where a vehicular right of way is granted or reserved over a track running along the boundary between the two properties it…
Streets and paths – Achieving stop-up or diversion required for development. Developments that call for the stopping-up or diversion of a street, or even a footpath, can present advisers with…
Assessment – General considerations – Needed even where development environmentally beneficial. Any surprise occasioned by the last proposition above should be swiftly dispelled after reading Assessing the impact Estates Gazette…
Urban development project – EC directive – Discretion. The legality of a planning permission is challenged by conservationists. The basis of the complaint is that the planning authority did not…
Whether premises to be maintained “in good condition” – Whether installation kept in “in proper working order”. It may be recalled (if not, see PP 2002/69) that where a covenant…
Estate rentcharge – Validity – Expenditure on rates held to be “for benefit of land affected”. Managing agents performing good works on the common parts of industrial and other estates…
Innocent buyer from fraudster registered as proprietor – Whether committing trespass against person previously shown as proprietor. Barely days before the new-broom Land Registration Act 2002 came onto the statute…
Tenant ceasing to occupy for business having applied for new tenancy – Whether liable for rent under section 64 continuation provisions.
Definition of “long tenancy” – Lease terminable by notice after death or marriage. The Court of Appeal decision in Skinns v Greenwood [2002] EWCA Civ 424; [2002] 2 EGLR 53…
Tolerated squats in council properties – Whether adverse title sufficiently asserted by dispossession of council owner – Whether paper title acknowleged – Whether claimant or predecessor occupying as licensee.
Claimant in occupation – Fraudulent conveyance – Status of alleged interest. When the other side is banging on about their client’s rights, it can sometimes be useful to point out…