A covenant restricting the use of land imposed for the seller’s own benefit is personal to the seller and only

With respect to Housing Act 1985 (HA 1985), the following notes derive from those printed in Halsbury's Statutes Vol 21 (2018 reissue), title Land, Tenancies and Housing: ‘Consolidation of the Housing Acts This Act, together with the Housing Associations Act 1985 and the Landlord and Tenant Act 1985, consolidates several enactments relating to housing, and a few relating to the law of landlord and tenant, with amendments to give effect to recommendations of the Law Commissions made in their report on this consolidation (Law Com No 144) (Cmnd

We have been unable to find any case law on the interpretation of ‘open storage’. Without further information, it is not immediately obvious whether parking of vehicles on the land as part of a car-valeting business is a breach of the covenant. Applying ordinary principles of construction, the words must be given their natural and ordinary meaning in the context of the agreement, the parties’ relationship and all the relevant facts surrounding the transaction so far as known to the parties. As to storage, Lord MacNaghten stated in Thompson v Equity Fire Insurance Co at paragraph 596, HL: 'What is the meaning of the

Public right of way Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW. A PROW can be diverted, stopped up or created by a 'Public Path Order' (PPO) (sections 118–119 of the Highways Act 1980 (HA 1980) and sections 247–261 of the Town and Country Planning Act 1990). For more information, see Practice Note: Public rights of way. An easement may be established by long use by statute under the Prescription Act 1832. For more information, see Practice Note: Acquisition of easements by long use. This

The answer to the question whether the erection of an extension to an existing residential property will be in breach of a covenant not to build residential property on a piece of land or to cause a nuisance where the existing residential property was erected before the covenant was imposed will depend on the true construction of the actual words used in the restrictive covenants and the manner in which the proposed work is to be carried out. Dealing first with the covenant against causing a nuisance; there is no suggestion that additional words such as ‘annoyance’ or ‘injury’ or ‘detriment’ are used in conjunction with ‘nuisance’. Nuisance is a narrower word than annoyance or detriment. The question has arisen in the authorities whether such a covenant restricts anything more than would be actionable

A charity can only hold the title to land or property in its own name if it’s a charitable incorporated organisation or charitable company. In the Land Registry Guidance Practical Guidance 14: Charities, it is explained that: ‘"Trust corporation" means the Public Trustee (who is not allowed to accept trusts for charitable purposes), a corporation appointed by the court in any particular case to be a trustee and a corporation entitled by rules made under section 4(3) of the Public Trustee Act 1906 to act as custodian trustee (section 205(1)(xxix) of the Law of Property Act 1925; section 17(1)(xxx) of the Settled Land Act 1925. See also section 3 of the Law of Property (Amendment) Act 1926). The corporations so entitled are listed in rule 30 of the Public Trustee Rules 1912 (SR & O 1912/348 (as amended)).’ The

A statutory declaration is a formal statement complying with the formalities prescribed by the Statutory Declarations Act 1835 which affirms the truth of a matter to the best of the knowledge and belief of the declarer. An independent commissioner for oaths is required to attest to the signature of the declaration. Statutory declarations are used as formal evidence in numerous situations. Commonly they are used to demonstrate a certain factual circumstance, such as the use to which a property has been put by a previous owner, so that an

The Access to Neighbouring Land Act 1992 (ANLA 1992) provides for the making of a court order allowing access, but only in very limited circumstances. The applicant must show that: • the proposed works are reasonably necessary for the preservation of the whole or any part of their land, and • it is either impossible or substantially more difficult to carry out those works without access to the neighbouring land The court must not make an access order if it is satisfied that it would: • interfere with or disturb the enjoyment of the neighbouring land by the occupier, or • cause that person hardship to such a

The Pension Protection Fund (PPF) is a statutory body whose main function is to pay the pension benefits of members of eligible pension schemes (up to a certain level) where a ‘qualifying insolvency event’ (eg administration) has occurred in relation to their employer. When a pension scheme enters the PPF, the Board of the PPF must give

For the purposes of this Q&A, it is assumed there is no definition within the transfer or any related document and there is no support/assistance derived from the transfer, which would provide a clear definition of ‘storey’ or any assistance as to its meaning. The exact wording of the covenant would be the first starting point alongside any definitions contained within the transfer. Furthermore, whether a storey is seen to be only above ground will need to be considered in view of the transfer and the subject matter of the transfer, the document needing to be read as a whole document. Legal definition In the absence of a common definition of ‘storey’, a definition relating to basements of House(s) in Multiple

There is absolutely no reason why, as a matter of principle, a right to a supply of water through pipes running from a highway through properties in several different titles cannot be claimed by prescription. Section 2 of the Prescription Act 1832 (PA 1832) specifically refers to rights to water. Webb v Bird [1861] 10 CB (n.s.) 268 (not reported by LexisNexis®) suggested, incorrectly, that the section in fact only applied to rights of way and water. Claiming a right to the supply of water in this case by prescription will involve demonstrating use of the supply over a prolonged period without force, without secrecy and without permission. The three methods of demonstrating prescription are (a) at common law; (b) under

Where two parties hold a property as beneficial joint tenants, they are each entitled to the whole of the property. If one dies, their share is extinguished, and the other party retains ownership of the whole by way of survivorship. On a sale of the property, the parties are entitled to share equally in the sale proceeds, although this may potentially be subject to arguments in relation to equitable accounting. Such arguments should rarely apply, however, where the parties were beneficial joint