Environment, energy and buildings

View Property by content type:

News

Practice notes

Precedents

Q&As

Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

9th Nov

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

9th Nov

Practice notes

Guide to reviewing certificate of title

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

9th Nov

Practice notes

Letter/certificate of non-crystallisation in property transactions

What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...

9th Nov

In-house

Practice notes

The ‘ad medium filum’ rule

The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...

9th Nov

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

9th Nov

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

9th Nov

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Manorial rights

Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...

9th Nov

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

9th Nov

Practice notes

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

9th Nov

Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

9th Nov

Practice notes

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

9th Nov

Most recent Environment, energy and buildings content

Practice notes

Environmental Impact Assessment and the Habitats Directive

Environmental Impact Assessment and the Habitats DirectiveIntroductionWhere EU law requires an environmental impact assessment (EIA) of a proposed...

Produced in partnership with Heather Sargent of Landmark Chambers 15th May

Practice notes

Types of planning enforcement

Types of planning enforcementWhere it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to...

15th May

Practice notes

Waste planning

Waste planningWaste planning authoritiesWaste planning authorities (WPAs) are authorities with responsibility for the land-use planning control of...

15th May

Practice notes

Permitted development rights for renewable energy technologies

Permitted development rights for renewable energy technologiesThe Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418...

15th May

Practice notes

Appropriate assessment under the Habitats Directive

Appropriate assessment under the Habitats DirectiveThe EU Habitats Directive 92/43/EEC (OJ L 206, 22.7.1992) (EU Habitats Directive), as it continues...

15th May

Practice notes

Environmental impact assessments—key points

Environmental impact assessments—key pointsCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...

15th May

Practice notes

Sites of Special Scientific Interest (SSSIs)

Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal...

15th May

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property—exemptions and PRS Exemptions Register

Minimum energy efficiency standards (MEES)—non-domestic property—exemptions and PRS Exemptions RegisterCoronavirus (COVID-19): The requirements to...

15th May

Practice notes

Appropriate assessment under the Habitats Regulations—checklist for developers

Appropriate assessment under the Habitats Regulations—checklist for developersIntroductionThe Habitats Regulations Assessment (HRA) requirements...

15th May

Practice notes

Environment Agency guidance for planning applications in England

Environment Agency guidance for planning applications in EnglandIntroductionPlanning applications have to be determined in accordance with the...

15th May

Practice notes

Insurance mediation activities—regulatory requirements [Archived]

Insurance mediation activities—regulatory requirements [Archived]This Practice Note has been archived and is not maintained. It relates to the...

15th May

Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—interference with the...

15th May

Practice notes

Environmental Permitting Regulations 2016—permits, applications and exemptions

Environmental Permitting Regulations 2016—permits, applications and exemptionsCoronavirus (COVID-19): To help businesses cope with the disruption...

Produced in partnership with Craig Burman of Schofield Sweeney 15th May

Practice notes

CRC Initial Phase (Phase 2)—qualification and registration [Archived]

CRC Initial Phase (Phase 2)—qualification and registration [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Brexit...

15th May

Practice notes

Environment (Wales) Act 2016—snapshot

Environment (Wales) Act 2016—snapshotThe Welsh Government introduced the Environment (Wales) Bill (E(W) Bill) on 11 May 2015. The Environment (Wales)...

Produced in partnership with Dr Victoria Jenkins of Hillary Rodham Clinton School of Law, Swansea University 15th May

Practice notes

Grid connection—key rules

Grid connection—key rulesWhat is a grid connection?A grid connection allows a user to connect to the local network or ‘grid’ so they can receive or...

Produced in partnership with Matthew Collinson of Igloo Energy 15th May

Sustainable Business Toolkit

Practice notes

Species Protection

Species ProtectionBrexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the...

15th May

Practice notes

Priority species and habitats

Priority species and habitatsUK Biodiversity Action Plan The first UK Biodiversity Action Plan (UK BAP) was drawn up in January 1994. It described the...

15th May

Practice notes

Flooding—flood risk and development

Flooding—flood risk and developmentBrexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

Produced in partnership with Argyll Environmental Ltd and Burges Salmon 15th May

Practice notes