The Q&A relates to the general issue of whether or not the benefit and burden of a restrictive covenant within an overage deed will run with the land. More particularly, the Q&A relates to the enforceability of the restrictive covenants within the overage deed when they have not been registered. Assuming that the restrictive covenants were made after 1926, then they must be registered in order to preserve their effect. The efficacy of the overage

The financial conduct authority consumer credit sourcebook (CONC) applies generally to ‘credit-regulated regulated activities’ (CONC 1.1.1G). In turn, that is defined in the Handbook Glossary as including a number of different types of activity including ‘entering into a regulated credit agreement as lender’, as defined by section 60B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544. Subject to the exemptions at RAO, SI 2001/544, Ch 14A, a ‘regulated credit agreement’ is simply any agreement for the provision of credit to ‘an individual or relevant recipient of credit. Therefore, the starting position is that any agreement which falls within that definition, whether or not secured on land/other property, may be governed by the rules and guidance found in CONC. However, CONC 1.2 (‘Who?

CPR 45 sets out a fixed costs regime in respect of possession proceedings brought pursuant to CPR 55. Where the claim is for the recovery of land the amount allowable in costs is fixed in the sums set out in CPR 45. In practice, this significantly limits the costs recoverable under the fixed costs regime. However, as has been made clear in cases such as Church Commissioners for England v Ibrahim, the contractual rights and obligations that parties have entered into should be respected save in circumstances where there is good reason to do so. In that case Roch LJ held that: ‘The successful litigant’s contractual rights to recover the costs of any proceedings to enforce his primary contractual rights is a highly relevant

Position under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Regulations) We have assumed that the situation being considered is separate to that provided for in Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Regulations, SI 1993/3053, reg13) which provides that the agent has the right to receive a signed written statement of the terms of the agency contract. Despite an agency relationship being unwritten, the Regulations still apply to it, and the provision of written terms is not deemed to be a variation or termination of the unwritten relationship under the Regulations. The specific scenario in this Q&A is not provided for under the Regulations. The Regulations provide only that: • an agency contract for a fixed period which continues to be performed by both parties after that period has expired shall be deemed to be converted into an agency contract

A certificate of lawfulness of existing use or development (CLEUD) under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be granted if the local planning authority (LPA) is still entitled to take an enforcement action within the statutory time limits for enforcement contained in TCPA 1990, s 171B. These are: • four years for building, engineering, mining or other operations in, on, over or under land, without planning permission—this development becomes immune from enforcement action four years after the operations are substantially completed • four years for the change

Development for which planning permission is required is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 55(3) states that the use as two or more separate dwelling houses of any building previously used as a single dwelling house involves a material change of use. This means planning permission is required for the conversion of a dwelling into two flats. Time limits Where there has been a breach of planning control, TCPA 1990, s 171A specifies that enforcement action may be taken. However, TCPA 1990, s 171B provides that no such action may be taken: • in the case of a breach of planning control consisting of the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under

Are independent schools subject to the Freedom of Information Act 2000? The Freedom of Information Act 2000 (FIA 2000) grants a right of access to information held by public authorities. See initially Practice Note: Who is subject to the freedom of information regime, which explores the obligations of public authorities to comply with freedom of information requests and explains the definition of ‘public authorities’ for the purpose of the FIA 2000. Under FIA 2000, any person making a valid request for information to a public authority is entitled: • to be informed in writing by the public authority whether it holds the information requested, and • if that is the case, to have that information communicated to them Public authorities have a corresponding duty to confirm or deny in writing whether such information is held and if it is, to communicate that information to the applicant, subject to certain exemptions. Public authorities The FIA 2000 regime applies

A document dealing with part of the land in a title, such as a transfer or lease of part, must have a plan attached to it or to the application to register. The plan must clearly identify the land and must be signed

Where any part of the value transferred by a transfer of value made after 17 March 1986 is attributable to the value of relevant business property or to the agricultural value of agricultural property, the rules for attributing the value transferred between exempt and non-exempt gifts have effect subject to sections 39A(2)–(7) of the Inheritance Tax Act 1984. The effect of those subsections is broadly as

Sublicences in contract law Contract law generally allows a licensee to sublicense their contractual rights and obligations, unless the agreement states expressly that this is not permitted. This principal was established in British Waggon Co v Parkgate Waggon Co v Lea & Co. The exception to this is where the contract requires a particular person to perform the contract or requires personal services from them. Sublicensing involves the creation of a further licence which is intended to be subordinate to the head licence and which pushes some or all of the elements of performance of the contract onto the sublicensee. A written sublicence will specify the terms under which it is granted, such as the deliverables and the limits on use of the licensed rights. No automatic sublicences for intellectual property The general contractual position stated above is reversed for intellectual

The Land Registration Act 2002 (LRA 2002) makes provision in relation to a system for the registration of land. LRA 2002, s 4 sets out when it is compulsory for land to be registered. The various circumstances which are set out in LRA 2002, s 4(1) and which trigger the compulsory registration of land include the following: ‘…(c) the grant out of a qualifying estate of an estate in land— (i) for a term of years absolute of more than seven years from the date of the grant, and (ii) for valuable or other consideration, by way of gift or in pursuance of an order of any court; (d) the grant out of a qualifying estate of an estate in land for a term of years absolute to take effect in possession after the end of the period of three months beginning with the date of the grant;…’ The effect of these provisions is that where one

We refer you to the following, which may assist in your research: • Practice Note: Easements—interpreting the use and extent (and in particular the section entitled ‘Will the easement survive a change or intensification of use?’ • Q&A: Parcel A and Parcel B adjoin. They create a joint