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Property weekly highlights—4 March 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—4 March 2021

Spring Budget 2021—views from the market

The following Private Client news provides comprehensive and up to date legal information on Spring Budget 2021—views from the market

Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

The following Local Government news provides comprehensive and up to date legal information on Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

Failing to set out basic allegations leads to strike out in insolvency proceedings (Sampathkumar v Wildwood CR)

The following Property Disputes news provides comprehensive and up to date legal information on Failing to set out basic allegations leads to strike out in insolvency proceedings (Sampathkumar v Wildwood CR)

Featured Property content

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Quistclose trusts

What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...

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...

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

Without prejudice and subject to contract

Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...

9th Nov

Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...

9th Nov

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

Implied easements—common law

There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...

9th Nov

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

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

Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

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

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...

9th Nov

Practice notes

What is a good and marketable title?

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...

9th Nov

Practice notes

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

9th Nov

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Environment, energy and buildings content

Practice notes

Water pollution—potential liabilities

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with ELM Law 26th Feb

Practice notes

Energy Savings Opportunity Scheme (ESOS)—issues for property lawyers

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with King & Wood Mallesons 26th Feb

Practice notes

Energy Savings Opportunity Scheme (ESOS)—qualification and organisational structures

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with King & Wood Mallesons 26th Feb

Practice notes

Environmental risk—managing environmental risk

What is environmental risk?Four Environment Agency (EA) guidance documents on land contamination risk management (LCRM) published in October 2020...

Produced in partnership with Argyll Environmental Ltd 26th Feb

Practice notes

Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactions

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with King & Wood Mallesons 26th Feb

Practice notes

Feed-in tariff (FiT)—accreditation

IntroductionFeed-in-Tariffs (FiTs) are a support payment for electricity generated from low-carbon sources. They consist of guaranteed payments for a...

Produced in partnership with Clyde & Co 26th Feb

Practice notes

Priority species and habitats

UK Biodiversity Action Plan The first UK Biodiversity Action Plan (UK BAP) was drawn up in January 1994. It described the biological resources of the...

25th Feb

Practice notes

Green belt and green wedge policy in Wales

IntroductionThe planning systems in England and Wales have become increasingly distinct in recent years, both in terms of policy and legislation. The...

Produced in partnership with Stephen Morgan of Landmark Chambers 25th Feb

Practice notes

Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...

Produced in partnership with Craig Burman of Schofield Sweeney 24th Feb

Practice notes

Environmental Permitting Regulations 2016—permits, applications and exemptions

Coronavirus (COVID-19): To help businesses cope with the disruption caused by Coronavirus, COVID-19, the Environment Agency (EA) has published a...

Produced in partnership with Craig Burman of Schofield Sweeney 24th Feb

Practice notes

CRC Initial Phase (Phase 2)—compliance and enforcement

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide...

24th Feb

Practice notes

Environmental civil sanctions—enforcement bodies and outline of sanctions

Reviewed by Professor Richard MacroryEnforcement bodiesSince 4 January 2011, the Environment Agency (EA) has been using new enforcement powers under...

24th Feb

Practice notes

Climate change levy

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Angus Evers of Shoosmiths 24th Feb

Practice notes

CRC Initial Phase (Phase 2)—qualification and registration

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide...

24th Feb

Practice notes

CRC Initial Phase (Phase 2)—reporting

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

24th Feb

Practice notes

CRC—key changes

The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) was a mandatory UK-wide trading scheme intended to incentivise large organisations to...

24th Feb

Practice notes

CRC Initial Phase (Phase 2)—public sector organisation rules

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

24th Feb

Practice notes

CRC Initial Phase (Phase 2)—trading and surrendering allowances

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

24th Feb

Practice notes

Water pollution—legislation

Discharges of pollutants to surface water, groundwater or public sewer generally require an environmental permit or consent. This Practice Note looks...

22nd Feb

Practice notes

Waste to energy—technologies

Energy from waste is energy that is recovered by various technologies. Recyclable material should be removed first and then energy recovered from the...

Produced in partnership with WSP Environmental 19th Feb