We have assumed that this query relates to an application to the First-tier Tribunal (Property Chamber) for collective enfranchisement or lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. When a counter notice is served pursuant to section 21 (for collective enfranchisement) or section 45 (for lease extension) of the Leasehold Reform, Housing and Urban Development Act 1993, both parties have a period of six months from the service of the counter notice to reach agreement on the terms of acquisition. Where the matter concerns a lease extension the terms are essentially

This Q&A considers whether parties can vary by agreement an order for child maintenance that had originally been made in the jurisdiction of England and Wales under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) and enforced in Singapore. Variation MO(RE)A 1972, s 3 provides that where an application is made to the family court for a maintenance order against a person residing in a reciprocating country, and the court would have

Section 263 of the Highways Act 1980 (HiA 1980) provides that every highway maintainable at the public expense, vests in the authority of who is the highway authority for that highway. The effect of HiA 1980, s 263 is that the highway authority actually becomes the owner of the highway in respect of so much of the air above and of the soil below as is necessary to the ordinary user of the footpath (in this scenario) to use as a footpath, and no more. The effect therefore is to take enough for the use as a highway, but

Build over agreements are agreements with water authorities to regulate works that could impact upon a public sewer. Requirement H4 of the Building Regulations 2010, SI 2010/2214, Sch 1 provides that the erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main. As a water authority has a statutory right of access to public sewers, it is ordinarily the case that an agreement will be reached with the authority

It is often the case that the obligations of the relevant Highways Authority (usually the local authority) to maintain a highway or path involve interaction with a neighbouring private landowner. There are a number of possible statutory remedies that apply throughout the UK contained in the Highways Act 1980 (HiA 1980). For example, if there is an unfenced or inadequately fenced source of danger on land adjoining a street, by HiA 1980, s 15 the local authority may

It is important to note that a charitable trust that is not registered with the Charity Commission may still be regulated by the latter if it is an exempt or excepted charity—see Practice Note: Charity registration with the Charity Commission. The comments below assume that the trust is not an exempt or excepted charity. The manner in which the trust is terminated will depend on whether the deed created a valid trust. Although the Charity Commission has rejected an application to register the trust, that is not conclusive

It is noted that the trust was established prior to 22 March 2006. For information on the IHT taxation of trusts before and after 22 March 2006, see Practice Note: Finance Act 2006 changes to trust taxation [Archived]. The IHT treatment of a variation of the interests of A and A's siblings (together, the life tenants) will differ, depending on whether their interests constitute qualifying interests in possession, or interests subject to

We are not aware of any special requirements as to the documentation of the ownership interests of multiple owners of a mobile home. A declaration of trust would be an appropriate method of documenting matters that are not included in the mobile home agreement itself,

Gift with reservation of benefit The gift with reservation of benefit (GWR) rules under the inheritance tax (IHT) regime will apply if the subject of the gift from A to B in 1993 was the property in question. See Practice Note: IHT—gifts with reservation of benefit. The GWR provisions apply where an individual disposes of any property by way of gift (be it to another individual or into trust) and either: • possession and enjoyment of the property is not bona fide assumed

In this scenario, land (in the form of a garage) has been wrongly transferred together with other land comprising an apartment block to a third party who is now landlord to the long leaseholders in the apartment block. It is now proposed that the landlord transfers the garage to the original intended owner. Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord may not make a relevant disposal affecting any premises

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. Common or mutual mistake arises where: • all parties executed a document that purported to record a prior transaction • the prior transaction consisted of either a concluded agreement or a common intention (which must have been demonstrated) continuing up to the time of execution of the document • there must be evidence of some antecedent outward expression of accord between the parties • the document, as

Practice Note: Regulated mortgage contracts and home finance transactions defined notes the definition of a regulated sale and rent back agreement (SRBA): • a regulated SRBA is defined in Article 63J of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544 and, broadly speaking, is an arrangement under which, at the time it is entered into, a person (the agreement provider) buys all or part of an interest in land (other than time share accommodation) in the UK from a homeowner (being an individual or a trustee whose beneficiary is an individual) (the agreement seller) on the basis that the individual or a related person is entitled