This Q&A assumes that there is no express term in the trust instrument which gives a specified person the power to appoint new or replacement trustees. A trustee may be replaced in exercise of the trustees' power in section 36 of the Trustee Act 1925 (TA 1925) where one of the circumstances set out in TA 1925, s 36 are satisfied.

In this scenario, A has a right of way over a private road at all times and for all purposes. Therefore, in this Q&A, we are dealing with the express grant of a right of way and not one acquired by prescription or implication. We have also assumed that the private road directly abuts the dominant land. The question is whether the right allows access to the dominant land at any point

A right of way is ordinarily a right to use servient land, for the purpose of accessing dominant land, by way of easement. However, a right of way can be established by other means, such as a mere personal licence, which would not run with the land and would be terminable at will. However most rights of way, properly understood, are property rights which run with the land rather than being personal to an individual or class of individuals. Rights of way can arise in many ways.

This Q&A assumes that the occupant is not occupying the property under the terms of a settlement and so have not considered any trustee duties or liabilities. It also assumes that the owners do not have any other legal obligations towards the occupant (eg under a Court of Protection deputyship or under an enduring or lasting power of attorney). This Q&A assumes instead that this is a simple landlord/tenant scenario. It also assumes that the occupier doesn’t have

There are two possible types of medical negligence claim that arise after death. A claim on behalf of the estate brought by the executors or administrator for recovery of loss suffered by the deceased This claim arises under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934). The claims that can be brought are for the pain, suffering and loss of amenity of the deceased. Loss of amenity refers to loss of enjoyment of life, for instance being unable to indulge in hobbies and interests. Pain and suffering arise where death is not instantaneous, for example where it has been caused by a disease with perhaps a lengthy period

A right of way is a type of easement and may, like other easements, by acquired by prescription. Prescription may arise at common law, under the doctrine of lost modern grant, or under the Prescription Act 1832 (PA 1832). When a claim is made under PA 1832, 20 years' use will suffice to establish a claim by prescription,

In summary, criminal liability is strict for breach of a tree preservation order (TPO), but this does not pass to successors. However, be careful to check the details. The protected trees are not evident on the property. It is first worth checking with the local planning authority’s (LPA) tree officer that the TPO was correct, and that the trees were indeed on this property. Just looking at the layout of the garden might reveal whether two substantial trees had, in the recent past, been removed. It is a criminal offence to cut down a protected tree without consent from the local authority. Perhaps, the predecessor in this case obtained

It is not uncommon for electricity substations to be located on private land. For content on the issues arising out of the presence of a substation which may affect landowners, see Practice Note: Substation leases—key issues for landowners and utility companies. Usually, the substation in question belongs to a utility company and the utility company and the landowner have entered into a lease of the substation land. In the absence of

We have assumed that the interest held by the trustees is a freehold interest, the trustee has not been granted a lease and is not granting a lease. The stamp duty land tax (SDLT) provisions are set out in Part 4 of the Finance Act 2003 (FA 2003). FA 2003, s 42 provides that SDLT shall be charged on land transactions. A land transaction is defined as the acquisition of a chargeable interest. A chargeable interest is defined very broadly as: ‘(a) an estate, interest,

When a company registered in England and Wales is dissolved while it still owns or has an interest in a property, that property will be deemed bona vacantia (meaning 'ownerless property') at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The Crown (with the Treasury Solicitor usually acting on its behalf) or the relevant Duchy may disclaim any property which has passed to it.

It is assumed that • the person who is selling the house is selling the whole legal and beneficial interest to the buyers • the sale price for the house represents the open market value of the house, so that there is no element of gift to the buyers The seller will share occupation of the whole property with the buyers, rather than occupying it alone or occupying a distinct part only, such as an annexe. The sale of the house and continued occupation would not be caught by the reservation of benefit provisions in section 102 of the Inheritance Tax Act 1984 (IHTA 1984), because IHTA 1984, s 102(1) requires that, for the reservation of benefit provisions to apply, 'an individual disposes

This Q&A assumes that the original application to switch from Tier 4 student to Tier 2 migrant was made in-time and that the Tier 4 student permission expired while that application was pending. As confirmed in the Practice Note: Sponsoring a Skilled Worker, from 20 December 2022, the Tier 2 (General) category was fully deleted from 1 December 2020, via Statement of Changes in Immigration Rules HC 617, and those with existing permission in the category have to now apply for further permission to stay or settlement under the Skilled Worker route. The rules on settlement as a Skilled Worker are described in Practice