Legal wrap: Telecoms, agricultural taxes and more on Tate Modern

Welcome to your weekly round-up of the pick of the content published on EG Legal. As promised last week, this time we go into further detail on the Supreme Court decision on the nuisance case involving the viewing platform at the Tate Modern art gallery, with an in-depth discussion in the latest episode of On the Case and expert written analysis. Not only that, we have a review of the current landscape when it comes to residential leasehold reform and an array of other topics – from rights of first refusal to agricultural taxes, telecoms and more. Legal news On the Case: Views on Tate Modern and visual intrusion nuisance LISTEN: James Souter, Sam Lear and James Lumley discuss the outcome of the Tate Modern nuisance case Law Commission seeks to modernise compulsory purchase The Commission’s review aims to make the law simpler, consistent and more accessible Legal features View from the bar: Visual intrusion can be a nuisance Guy Fetherstonhaugh KC and Elizabeth Fitzgerald explain how the Tate Modern gallery saga reveals a clash of judicial approaches Telecoms: is it a lease or a licence? The latest case shows that operators will have their preferred route through the Code, according to Laura West Is change finally afoot for resi landlords? Simon Kerrigan reviews the state of play when it comes to promised residential leasehold reform Don’t overlook the rights of first refusal Simon Hartley outlines the basics and some of the potential issues in residential tenants’ rights of first refusal Natural capital opportunities: the tax traps Tax really does continue to be taxing for those seeking to make the most of agricultural land, writes Charles Cowap Q&A: Getting to the heart of forfeiture Lauren Spark and Richard Clarke tackle queries about forfeiture of commercial leases Legal note: Case management – a sense of fairness A new point being raised at trial does not necessarily offend against fairness, notes Elizabeth Dwomoh Rentcharges – big trouble over small sums Rachael Allen takes a look at the frequently misunderstood and potentially dangerous form of property interest Practice points Back to basics: visual intrusion constitutes a nuisance Fearn and others v The Board of Trustees of the Tate Gallery Government failed to consult properly on kerb height guidance R (on the application of Leadbetter) v Secretary of State for Transport Rent increase: jurisdiction in determining the validity of a section 13 notice Mooney v Whiteland Service charges: recovering legal costs Brunswick Management Company Ltd v Triplerose Ltd Park homes: when is a houseboat a caravan? Tingdene Marinas Ltd v Jaffe Nuisance: economic loss recoverable where damage is established Davies v Bridgend County Borough Council Public highway agreement denies landowner a ransom strip KBC Developments LLP v Wavin Ltd and another Mental health moratorium cancelled and further applications fettered Kaye v Lees Restrictive covenants preventing building modified following change of circumstances Housing Solutions v Smith Case summaries Fearn and others v Board of Trustees of Tate Gallery Nuisance – Privacy – Injunction Davies v Bridgend County Borough Council Nuisance – Diminution in value – Damages Gosling and others v Bradbury and another Easement – Water pump – Electricity supply R (on the application of Whitley Parish Council) v North Yorkshire County Council and another Town and country planning – Planning permission – Green belt Mooney v Whiteland Landlord and tenant – Periodic tenancy – Rent increase KBC Developments LLP v Wavin Ltd and another Highways – Adoption – Highways Act 1980 Kaye v Lees Property – Order for sale – Mental health crisis moratorium Law report Assethold Ltd v Adam and others Landlord and tenant – Service charges – Waking watch For more legal articles and to search our extensive archive, visit EG Legal  To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews