Adverse possession Since 13 October 2003 an entirely new set of rules on adverse possession has applied registered land. Under the Land Registration Act 2002 (LRA 2002), a squatter may apply to be registered as proprietor after ten years’ adverse possession. The essential elements of the new regime are as follows: • a squatter can apply to be registered as the proprietor of a registered estate if they have been in adverse possession for a minimum period of ten years ending on the date of the application (see ‘Application for registration’ in Practice Note: Claiming title

The Government’s Planning Portal explains that building regulations consent is required for all structural works, although there is an exemption if the works are simply repairs to a roof involving less than 25% of the area of a pitched or flat roof. If the new roof is structurally different from the previous one, then building regulations consent is required, as it may affect the structural integrity of the rest of the building or change the way that the building responds in the event of a fire. Practice Note: Energy efficiency—Part L of the Building Regulations discusses the new regulations regarding energy efficiency. Put simply, most building works are subject to building regulations

Overage is essentially a contractual obligation or positive covenant to make a further payment and therefore issues arise concerning: • binding the buyer's successors in title • protecting the seller in the event that the buyer fails to comply with its obligations See

Assignment of a lease The assignment of a lease is generally treated in the same way as the transfer of a freehold interest and any payment or premium on the assignment (other than a reverse premium) will be subject to stamp duty land tax (SDLT). The assumption by the assignee of obligation under the lease to pay rent or to perform or observe any undertaking of the tenant under the lease does not count as chargeable consideration. Where

In answering this Q&A, we have considered the power of a liquidator to deal with the company’s assets after the commencement of liquidation. Section 107 of the Insolvency Act 1986 (IA 1986), which applies to both members’ and creditors’ voluntary liquidation, provides that the company’s property shall, on winding up, be applied in satisfaction of the company’s liabilities and, subject to that application,

Government departments and government ministers (when acting in their official rather than their personal capacity) are generally regarded as emanations of the crown, which itself is considered to be a corporation sole. A corporation sole consists of one person and their successors in some particular office or station, who are incorporated by law in order to give them certain legal capacities and advantages which they would not have in their natural person. Execution of deeds by a corporation

Technically, the risk is that the remedies summarised in Practice Note: Rentcharges—apportionment, termination and enforcement in the section entitled ‘Enforcement of rentcharges’ may be available to the rentcharge holder. Of those, the remedies set out in section 121 of the Law of

Fixed term assured shorthold tenancy (AST) Under section 21(4B) of the Housing Act 1988 (HA 1988), a section 21 notice cannot be served in relation to a fixed term AST within four months of the beginning of the AST. That section 21 notice will then need to give at least two months’ notice to terminate the AST. Accordingly, the earliest date that a six month fixed term AST could be terminated would be six months after the term commenced. In the event that the tenant did not then vacate, the landlord would only be able to take back possession by obtaining and enforcing a court order under HA 1988, s 5(1). The

Trustees often wish to exclude liability as they enter into the transaction (in this case a transfer) personally. Whether this is accepted by the buyer is a matter of negotiation. Here, the risk for the second trustee is likely to be minimal as they are simply selling a single asset and so they may be persuaded to drop this requirement. The buyer needs to know that the trustee has been duly appointed and can accept receipt of the sale proceeds in order to overreach any equitable interests. In deciding how to proceed,

A rentcharge is a sum payable by the owner of land to another person who has no legal interest in that land, and thus is distinct from ground rent, which is payable by a leaseholder to a freeholder. Rentcharges were often put in place to enable development on land without payment by the developer to the landowner of a premium for the land, the landowner instead receiving income from the land. The Rentcharges Act 1977 (RcA 1977) abolished new rentcharges, subject to limited exceptions, and provided for the extinguishment of most existing rentcharges by 2037 (RcA 1977, s 3). One of the retained exceptions is an estate rentcharge. An estate rentcharge is a charge created

An Energy Performance Certificate (EPC) is a requirement in respect of properties marketed for sale and/or letting and, from 1 April 2018, any property let on a new tenancy or a fixed term renewal (and, from 1 April 2020, all tenancies). An EPC lasts for ten years, after which it expires. The purpose of the requirement to supply an EPC is twofold—to promote energy efficiency on a macro level, and to enable prospective buyers and tenants to determine the affordability of heating and lighting bills. EPCs are governed by the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 as amended, made under the Energy Act 2011. Regulation 6 provides that where a building is to be sold or rented out, a valid EPC must be made available

On 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, 'communicated with' a public sewer were automatically transferred to the sewerage undertaker, unless there was a successful appeal. Build over agreements are now entered into between the water service company and the owner of the property, but in the past they were entered into with the local authority. For this reason, a water service company may not be aware of agreements or consents entered into