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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

Constructive trusts

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

Standard Commercial Property Conditions (Third Edition—2018 Revision)

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

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

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...

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

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...

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

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

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

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Precedents

Grant of a right for overhanging eaves

1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...

9th Nov

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

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

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

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...

9th Nov

Practice notes

Contract races

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

9th Nov

In-house

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

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

Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...

9th Nov

Most recent Environment, energy and buildings content

Precedents

Environmental consultant form of collateral warranty (with optional step—in clauses)

Date [______________________________20[insert]]Parties1[Consultant] (incorporated and registered in England and Wales under company registration...

14th Feb

Precedents

Transfer of environmental permits

Brexit impact11pm (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 14th Feb

Precedents

Environment Health and Safety due diligence questionnaire (DDQ)—asset purchase

Environment Health & SafetyPlease provide the following:1Copies of all environmental reports relating to the Property or the Business including any...

Produced in partnership with ELM Law 14th Feb

Precedents

Environment health and safety (EHS) warranties—share purchase agreement—seller’s version

Brexit impact11pm (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 14th Feb

Precedents

Model green lease clauses

Green LeasesThe Better Buildings Partnership (BBP) has developed model form green lease clauses covering definitions, co-operation obligations,...

14th Feb

Practice notes

Grid connection—key rules

What is a grid connection?A grid connection allows a user to connect to the local network or ‘grid’ so they can receive or produce electricity. A...

Produced in partnership with Matthew Collinson of Igloo Energy 12th Feb

Practice notes

Energy from waste—consents

Brexit impactAs of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation period during which it...

12th Feb

Practice notes

Permitted development rights for renewable energy technologies

The Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418 (in Wales) and the Town and Country Planning (General Permitted...

11th Feb

Q&As

Is there any guidance or information that confirms whether or not a waste transfer system would require an energy performance certificate, ie would a waste transfer system benefit from the exemption for industrial sites and workshops with low energy demands?

Under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EC Regs 2012), SI 2012/3118, an energy performance certificate (EPC)...

10th Feb

Q&As

What if a seller has purchased CRC allowances that haven't been surrendered?

What if a seller has purchased CRC allowances that haven't been surrendered?As a result of the prospective sale of part or all of his undertaking, a...

Produced in partnership with Noy Trounson of DLA Piper 10th Feb

Q&As

Do mixed use buildings require separate EPCs for each part of the building?

Where the obligation for an EPC is triggered in respect of a mixed use building:•a separate EPC is required for each dwelling within the building,...

10th Feb

Practice notes

Enhanced capital allowances

What is an enhanced capital allowance?An enhanced capital allowance (ECA) is a tax relief for businesses on their investments in certain categories of...

Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal 9th Feb

Practice notes

Crown Estate leases for offshore windfarms

The role of the Crown EstateIn many jurisdictions, the licensing of offshore activity is dealt with by the state or by a single state body or...

Produced in partnership with Anthony Alderman of Womble Bond Dickinson 9th Feb

Practice notes

Flood reinsurance—the Flood Re scheme

Background to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as the Statement of Principles (SoP), in...

Produced in partnership with Groundsure and Burges Salmon 8th Feb

Practice notes

Species Protection

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

5th Feb

Practice notes

Environmental issues when selling a company or business

Why do environmental issues need to be considered at the outset of a corporate transaction?It is important that environmental and health & safety...

4th Feb

Practice notes

Banking and finance—environmental due diligence and practical ways for lenders to mitigate environmental risks

Why are lenders concerned about environmental risk?The ever growing number of environmental laws has affected the way that lenders perceive...

4th Feb

Practice notes

Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a...

3rd Feb

Practice notes

Flooding—flood searches

Introduction to flood searchesFlooding has become an increasing environmental risk in the UK, with significant impacts for homeowners and businesses....

Produced in partnership with Argyll Environmental and Burges Salmon 3rd Feb

Practice notes

Flooding—Law Society practice note on flood risk

The Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk properties face from flooding and the knock on...

2nd Feb