XXIV Old Buildings

Experts

5

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Edward Cumming
XXIV Old Buildings
Helen Galley
XXIV Old Buildings
Matthew Watson
XXIV Old Buildings
Owen Curry
XXIV Old Buildings
Timothy Sherwin
XXIV Old Buildings
Contributions by XXIV Old Buildings Experts

148

A property is subject to restrictive covenants prohibiting building residential property and causing
A property is subject to restrictive covenants prohibiting building residential property and causing
Q&A

This Q&A considers the meaning of restrictive covenants prohibiting the building of residential property and causing a nuisance.

A property was acquired by the current owner in 1962. There appears to be a private water supply and the
A property was acquired by the current owner in 1962. There appears to be a private water supply and the
Q&A

This Q&A considers whether a right to a supply of water through pipes running from a highway through properties can be claimed by prescription.

A registered title contains a note stating that a perpetual yearly rentcharge created in 1882 has been
A registered title contains a note stating that a perpetual yearly rentcharge created in 1882 has been
Q&A

This Q&A considers whether pre-existing rentcharges are binding over the current owner of the property under RcA 1977.

A residential leasehold premises (999 lease) is unregistered. The couple who lived at the premises
A residential leasehold premises (999 lease) is unregistered. The couple who lived at the premises
Q&A

This Q&A considers whether, in the scenario where a residential leasehold premises is unregistered and a couple who lived at the premises transferred the premises to their four children via a deed of gift, but remained in the premises and while the couple (who have now passed away) and two of their children signed the deed of gift, two children did not, the two children who did not sign the deed of gift own the leasehold.

A single sublessee of a block of eight flats claims a 90-year extension under the Leasehold Reform,
A single sublessee of a block of eight flats claims a 90-year extension under the Leasehold Reform,
Q&A

This Q&A considers whether an intermediate lessor becomes a competent landlord for any future claim to an extension under LRHUDA 1993.

A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the
A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the
Q&A

This Q&A considers what actions could constitute deliberate deprivation of assets under the Care Act 2014.

A tenant serves its break notice too late to operate the break option and therefore the lease continues.
A tenant serves its break notice too late to operate the break option and therefore the lease continues.
Q&A

This Q&A considers whether interaction between two clauses relating the right to break or continue with a new rent mean that time is of the essence in relation to the rent review, even where it is stated not to be.

A tenant wishes to carry out works but the lease includes a tenant covenant which absolutely prohibits
A tenant wishes to carry out works but the lease includes a tenant covenant which absolutely prohibits
Q&A

This Q&A considers whether section 3 of the Landlord and Tenant Act 1927 can be used to override absolute covenants against making certain alterations and applying for planning permission for them.

A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her
A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her
Q&A

This Q&A considers the method of transferring residential property between beneficiaries where the beneficiaries are also the executors of the Will.

A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the
A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the
Q&A

This Q&A considers the procedures available to constitute full trust documentation when appointment and substitution has not been recorded.

A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's
A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's
Q&A

This Q&A explores what measures can be put in place by trustees to ensure that a tenant keeps a property in good repair and condition and pays all utility bills.

A Will grants the surviving partner a right of occupation for life unless the partner ceases to occupy
A Will grants the surviving partner a right of occupation for life unless the partner ceases to occupy
Q&A

This Q&A considers the circumstances in which a right of occupation granted under a Will may (or may not) cease.

Agents were contracted to manage a three bedroom residential property for 10 years. In breach of contract
Agents were contracted to manage a three bedroom residential property for 10 years. In breach of contract
Q&A

This Q&A discusses how damages will be assessed where managing agents are found to be negligent or in breach of contract.

An assured shorthold tenancy was granted in 2010 for a residential property. The property was sold in
An assured shorthold tenancy was granted in 2010 for a residential property. The property was sold in
Q&A

This Q&A considers ending an assured shorthold tenancy on the grounds the owner would like to live in the property.

An executor wishes to distribute the assets of an estate but is concerned about a potential claim against
An executor wishes to distribute the assets of an estate but is concerned about a potential claim against
Q&A

This Q&A considers the statutory limitation period for claims against an estate and when would this limitation period start running when an executor wishes to distribute the assets of an estate but is concerned about a potential claim against the estate for disputed nursing home fees relating to a period spent in the home by the deceased in 2013.

An individual has bought a property with a home rights notice registered against the title. While they
An individual has bought a property with a home rights notice registered against the title. While they
Q&A

This Q&A considers whether an individual has any grounds to apply to the court for removal of a notice where an individual has bought a property with a home rights notice registered against the title.

Are there grounds to argue that a constructive trust is created where A loans to B and C the whole of the
Are there grounds to argue that a constructive trust is created where A loans to B and C the whole of the
Q&A

This Q&A considers whether there are grounds to argue that a constructive trust is created where A loans to B and C the whole of the purchase price of a property under a loan agreement.

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