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...
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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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...
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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...
There are several ways by which an easement can be implied a conveyance or transfer by the common law or statute:•(1) necessity•(2) intended use•(3)...
The shadows cast over a garden or building by trees or hedges do not amount to a cause of action at common law (eg in trespass or nuisance). A right...
Rights to light can cause developers extensive delays and additional cost if not fully considered prior to works commencing. Indeed, an injunction can...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Does a right to light exist?An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been...
It is common practice for releases of easements to be made with limited, full or no title guarantee. By way of example see the deed of release located...
You may wish to consider raising, amongst others, the following queries with the developer:•whether they have rights of light (ROL) insurance and if...
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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