Environmental risk and liabilities

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Precedents
Relating to [freehold OR leasehold] pro...
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19th May
Practice notes
What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...
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19th May
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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19th May
Practice notes
What is a disclosure letter?A disclosure letter is a letter from a seller to a buyer containing both general and specific disclosures as well as a...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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19th May
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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19th May
Precedents
Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Practice notes
An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...
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19th May
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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19th May
Practice notes
The role of a real estate lawyer in real estate finance transactionsIn both investment and development real estate finance transactions (REF...
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Produced in partnership with Kelly Myles 19th May
Precedents
Special conditionsNote: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square...
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19th May
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May

Most recent Environmental risk and liabilities content

Practice notes
Contaminated land—process for determining liabilityWhat is the nature of the liability?The Environmental Protection Act 1990, Pt IIA (EPA 1990) is a...
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3rd Aug
Q&As
A landlord of a block of flats built pre-2000 has not obtained an asbestos report. What are the potential risks for a buyer of a flat?The Control of...
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1st Aug
Q&As
Has there been a standard septic tank enquiry update since the introduction of the General Binding Rules from January 2015?The Environmental...
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1st Aug
Q&As
Where a property is let, who is the dutyholder in respect of asbestos at the property as between landlord, tenant and any subtenant? Can the duty be...
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Produced in partnership with Desmond Kilcoyne 1st Aug
Q&As
Can a security light shining onto someone's private land be classed as a private nuisance?This response considers the principles of private nuisance,...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Practice notes
Trade effluent consents and agreements—when are they required?Consent or agreementA consent, or an agreement, needs to be entered into with a local...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 31st Jul
Practice notes
Contaminated land—withdrawal of funding for the contaminated land regimeGrant funding for contaminated land enforcementLocal authorities have a...
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31st Jul
Practice notes
Water pollution—legislationDischarges of pollutants to surface water, groundwater or public sewer generally require an environmental permit or...
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31st Jul
Practice notes
Land contamination—liability for migrationWhat causes contaminants to migrate?Contamination from historic uses or pollution spills can migrate...
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Produced in partnership with ELM Law 31st Jul
Practice notes
Contaminated land—definition of contaminated landWhat is contaminated land?'Contaminated land' is a specific legal term defined in the Environmental...
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31st Jul
Practice notes
Contaminated land—identifying Class A and B appropriate personsDetermining liability for remediationIdentifying the appropriate person(s) who may be...
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31st Jul
Practice notes
Contaminated land—orphan linkagesWhat is an orphan linkage?An 'orphan linkage' is one where there are no appropriate persons for a significant...
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31st Jul
Practice notes
Land contamination—potential liabilitiesTypes of contaminated land liabilitiesThere are several types of liabilities associated with land...
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Produced in partnership with ELM Law 31st Jul
Practice notes
Environmental damage—overlap with other regimesThis Practice Note looks at the overlap of the environmental damage regime (EDR) with:•the...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 31st Jul
Practice notes
Environmental damage—what does it cover?Environmental damage is damage that attracts liability under the environmental damage regime (EDR) and comes...
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Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 31st Jul
Practice notes
Contaminated land—access to contaminated landObligation to grant accessThe owner or occupier of contaminated land (grantor) has a statutory obligation...
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31st Jul
Practice notes
Control of asbestos—penaltiesPenaltiesThe Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act...
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Produced in partnership with Lee Hughes of Lincoln House Chambers 31st Jul
Practice notes
Land contamination—Law Society practice note on contaminated landOn 13 April 2016, the Law Society issued an updated practice note on contaminated...
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31st Jul

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