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The following Planning news provides comprehensive and up to date legal information on Failure to publish section 106 agreement could put planning permission at risk (Greenfields (IOW) Ltd v Isle of Wight Council)
What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
A septic tank serves property X. The neighbouring property Y also drains into the septic tank and has done for years, although there is no written agreement governing this. The owner of property X accepts that property Y has a prescriptive right to use the septic tank. The owner of Y has never paid
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsEasements may also be implied by statute under section 62 of the Law of Property Act 1925 (LPA 1925), see Practice Note: Easements—LPA
Easements—nature and characteristicsNature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.Easements are usually positive, giving the dominant
Does the principle held in Wheeldon v Burrows apply retrospectively?The rule in Wheeldon v Burrows concerns the creation of easements. The rule lays down the principle that:'…on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the
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