Site acquisition and vacant possession

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Site acquisition and vacant possession guidance:

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 stream also owns...

Practice Note

Where a tenant has protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954), service by the landlord of a contractual notice to exercise a break clause...

Practice Note

In all but the simplest cases and particularly with development land, a fixed price may not be sufficient and the price will be based on the market value of the land. An...

Practice Note

Option agreements are strictly construed and the option may be lost if the option holder does not exercise it correctly. The option agreement is a contract...

Practice Note

A call option is (generally) an equitable interest in land and must be registered in order to bind successors in title of the land owner. The exception is where the...

Practice Note

The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning...

Practice Note

Contracts often provide for a condition or conditions to be satisfied before completion takes place (eg obtaining planning permission) or, in some cases,...

Practice Note

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

Practice Note

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

Practice Note

What is the Code? The Consumer Code for Homebuilders (the Code) came into effect in April 2010. It is an industry-led code of conduct for home builders and was developed...

Practice Note

A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It...

Practice Note

What options exist for development sites? On acquiring land for development, a developer must consider what electricity lines and cables exist under or above the site and...

Practice Note

Nature of the condition It is common for contracts for the sale of commercial property to be drafted on the basis that completion of the transaction is conditional upon...

Practice Note

Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning obligations' and ‘s 106...

Practice Note

The use and occupation of land often depends on the land in question having the benefit of easements — for example, a right of way or a right of drainage. These rights...

Practice Note

Practical application Positive covenants Enlargement of a long lease into a freehold can be used to preserve positive covenants as, following enlargement,...

Practice Note

Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and...

Practice Note

Exclusivity agreements (lockout agreements) are used where the buyer wants to prevent the seller from negotiating for the sale of the property with any other...

Practice Note

The Digital Economy Act 2017 (DEA 2017) Section 4 and Schedule 1 to the Digital Economy Act 2017 (DEA 2017) implemented into the Communications Act 2003 (CA 2003) a new...

Practice Note

Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...

Practice Note

Powers to adopt The Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway authorities to maintain...

Practice Note

A number of issues can arise when land ceases to be used for agricultural purposes, whether as the result of a disposal of the land out of farming altogether...

Practice Note

What is 'land banking' and how do land banking investment schemes work? Land banking is the practice of purchasing undeveloped land with the intention of dividing it into...

Practice Note

Time limits and delays The time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the disposal of a property...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can apply to the...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land...

Practice Note

No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a restrictive covenant...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of...

Practice Note

The new Code This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court...

Practice Note