It has been assumed that the fence is not at a school where there is permitted development for a fence up to 2 metres high provided that the fence does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons This Q&A outlines the planning law when erecting and replacing a fence above the 1 metre allowance for permitted development. Under

The General Guidance on PDF Bundles (the Guidance) from May 2020 was created by Mr Justice Mann, Lady Justice Thirlwall and Sir Andrew McFarlane to aid practitioners coming to terms with the requirements of working during the coronavirus (COVID-19) pandemic, and to achieve a level of consistency in what judges were being presented with. At paragraph six of the Guidance, it states that ‘All pages in a bundle must be numbered’,

Solicitors are already required to make an annual declaration as part of the practising certificate renewal exercise. See Practice Note: The continuing competence regime. Firms are also required to make other declarations on behalf of

A tenancy in common is a form of an express trust of land. For further guidance, see: Trusts of land—overview and Trusts of land for property lawyers—overview, in particular under the heading: Joint tenancy and tenancy in common—a recap). As set out in Practice Note: Trust Registration Service (TRS)—trusts excluded from registration, trusts which are established for the purposes of co-ownership of property where

The requirement under section 123 of the Local Government Act 1972 Under section 123(1) of the Local Government Act 1972 (LGA 1972), a principal council may dispose of land held by them in any manner they wish, however LGA 1972, s 123 (2) states that, except with the consent of the Secretary of State, a council cannot dispose of land under this provision otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained. Reorganisation of local government A complete reorganisation of local government was enacted in the LGA 1972, and

Under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord must serve a notice on qualifying tenants of flats prior to making a relevant disposal. This gives the tenants a right of first refusal, allowing them to purchase their landlord’s interest. In the event of a sale by auction, a notice is served under LTA 1987, s 5B(2). For auction sales, the rights apply in a modified form; however, the requirements of the notice under LTA 1987, s 5B(2) are prescriptive and must include ‘particulars of the principal terms of the disposal proposed by the landlord, including in particular the property to which it relates and the estate or interest in that property proposed to be disposed of.’ While a

The residence nil rate band (RNRB) is an addition to the basic NRB, which further reduces the inheritance tax (IHT) payable on death. It is applied to the taxable value of the estate, but differs from the basic NRB in that it is restricted to: • the value of a residential property interest • the estate on death, and • the inheritance of lineal descendants See Practice Note: IHT—residence

It is important to realise that incapacity does not discharge a trustee from their appointment as a trustee, particularly if the person, prior to losing capacity, delegated their function under an enduring power of attorney or a lasting power of attorney. An application to replace (not remove) a trustee under section 36(1) of the Trustee Act 1925 (TA 1925) is made by the continuing trustees or such person who has power to appoint trustees under the trust instrument. TA 1925, s 36(9) provides that a replacement trustee may not be appointed on the basis that the trustee to be replaced lacks capacity, without permission from the Court of Protection. TA 1925, s 36(1) provides: ‘(1) Where a trustee, either original or substituted, and whether appointed by a court

The Partnership Act 1890 (PA 1890) applies to general partnerships and sets out various 'default' provisions that will apply if no specific agreement is entered into (see Practice Note: The nature of a general partnership and its legal framework—Sources of partnership law). The PA 1890 is not a complete code of partnership law and expressly preserves the rules of equity and common law applicable to partnerships, except insofar as they are inconsistent with the express provisions of the PA 1890. Many commentators perceive the PA 1890 to be arcane and inadequate; certainly the situation as regards outgoing partners and dissolution is far from straightforward. The starting point is section 33(1) of the PA 1890, which states: 'Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner.' This is generally known as a technical dissolution, although there is usually no break in

Right of first refusal Unless by way of an exempt disposal, any relevant disposal within ten years is subject to a right of first refusal for the former social housing landlord (section 156A of the Housing Act 1985 (HA 1985), Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917 and Housing (Right of First Refusal) (Wales) Regulations 2005, SI 2005/2680). The landlord's right of first refusal requires the purchasing tenant and successors in title to give the landlord (or another registered provider or registered social landlord) a right of first refusal if the property is sold during the ten-year period. A conveyance

Under section 1 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord is prohibited from making a relevant disposal affecting any premises to which LTA 1987, Pt I applies without first serving a notice on the qualifying tenants and offering them a right of first refusal. A ‘relevant disposal’ is defined in LTA 1987, s 4(1). The definition is extremely wide and includes the disposal by the landlord of any estate or interest (whether legal or equitable)

The right of first refusal Under Part I of the Landlord and Tenant Act 1987 (LTA 1987), a landlord may not make ‘a relevant disposal’ (as to which, see below) affecting any qualifying premises unless a particular procedure is followed. That procedure is laid down in LTA 1987 and, in essence, requires a landlord to serve a notice with respect to the disposal on the qualifying tenants of the flats contained in those premises and then to make the disposal in accordance with specified requirements which are contained in LTA 1987, ss 6–10. The notice which must be served on the qualifying tenants is a notice pursuant to LTA 1987, s 5. Such a notice essentially gives the tenants the opportunity to purchase the premises on the same terms as the proposed sale. A relevant disposal LTA 1987, s 4 defines the term ‘relevant disposal’ as the disposal of any estate or