If the property is treated as forming part of the deceased’s estate because it is property which was the subject of a gift with reservation of benefit (GROB), for deaths between 6 April 2017 and 29 October 2018 (inclusive) it was regarded as ‘inherited’ by the donee for the purposes of section 8J of the Inheritance

Rights of way, particularly those granted a number of years ago, often cause difficulties as to their interpretation in more modern circumstances. The extent of an expressly granted easement such as a right of way depends on the interpretation of the deed granting the easement and on its context. The court will normally construe the grant in favour of the grantee or owner of the dominant land (Cordell v Second Clanfield Properties) (i.e. the land which has the benefit

This Q&A assumes the purchaser is an individual. The higher rates apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A to D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase

A caution against first registration gives protection to an interest over unregistered land. Where an application is made for first registration of that land, HM Land Registry will give to the cautioner notice of that application. A caution can be registered by any person claiming to be the owner of an estate in land, a rentcharge, a franchise or a profit a prendre or any interest affecting such a legal estate. A caution against first restriction merely gives the right to be notified of an application for first registration and to object to any such application. Such an objection

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives the right to a qualifying tenant to acquire a new lease of the flat upon payment of a premium. By LRHUDA 1993, s 56, where notice in accordance with section 42 is given to the landlord, the landlord is bound to grant to the tenant, and the tenant is bound to accept, in substitution for the existing lease, and on payment of the premium, a new lease of the flat at a peppercorn rent for a term expiring 90 years after the term date of the existing lease. By LRHUDA 1993, s 57 the new lease shall be on the same terms as the existing lease, with such modification

CPR 40.16, sets out the court’s general power to order a sale of property. It provides in terms: ‘In any proceedings relating to land, the court may order the land, or part of it, to be a. sold; b. mortgaged; c. exchanged; or d. partitioned.’ CPR PD 40D, para 3 provides as follows: ‘3.1 Where – 1. the court has

Personal representatives have the same statutory powers given to trustees in the Trustee Act 2000 (TrA 2000), by virtue of TrA 2000, s 35. Trustees and personal representatives do not generally have the power to borrow. However, where there is a trust of land, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) gives the trustees additional powers. TOLATA 1996, s 6(1) gives trustees of land all the powers of an absolute owner in relation to the land. Trustees of land therefore have a power to mortgage land to secure liabilities incurred by them. TOLATA 1996, s 18 extends the scope of TOLATA 1996, s 6 (and other specified provisions of TOLATA 1996)

Generally speaking, the terms of a validly executed Will that complies with the formality requirements in section 9 of the Wills Act 1837 will be binding in respect of the estate of the deceased, save where the beneficiaries agree to vary its terms by way of a deed of variation, or if the court makes an order for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. A Will can only leave property that belongs to the testator and so, for example, monies held in trust for a third-party beneficiary cannot

It is commonly the case that on the breakdown of a relationship, an issue arises in respect of occupancy of what was previously the family home. Where parties are married, matrimonial home rights can be asserted, and regardless of whose name the property is in, the court can apportion interests in financial remedy proceedings. Cohabiting couples have far fewer protections, and where the property is in the sole name of one party and the other party has made no contributions

This Q&A assumes that the seller was registered with HM Land Registry as proprietor of the leasehold title, and the buyer has been (or will be) registered as transferee A tenant's ability to assign a lease is frequently limited by covenants. The effect of any given covenant is a matter of interpretation of the lease, along with the statutes that apply to them (including, for example, the Landlord and Tenant Act 1927 in relation to assignment). See Practice Note: Landlord's consent to assign or underlet. In this scenario, the lease is residential. Long residential leases often do not require the tenant to seek the landlord's consent before assigning,

We have assumed that: • the client is the sole beneficial owner of the rental properties in question • the client does not occupy any of the properties A post-8 March 1999 gift of an undivided share of land is a gift of property subject to a reservation, except in the following circumstances: • the donor does not occupy the land; or • the donor occupies

For the purposes of this Q&A we have limited our research to cover the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). See Practice Note: Distance, doorstep and on-premises sales which summarises the law, guidance and practice relating to the CCR 2013 and explains when they apply, what information must be provided to the consumer and when, and what the consumer’s rights to cancel are once a distance selling contract has been concluded. The CCR 2013 apply to contracts for goods, services and digital content that are made by means of distance communication, doorstep contracts and on-premises contracts. For further information,