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If a purchaser was replacing their main residence and their old main residence was on the same title deed as some farmland and the title deed was split, with purchaser selling the dwelling used as their old main residence but retaining some of the farmland—would the continued ownership of the farmland (with no buildings) be seen as retaining an interest in the sold dwelling for the purposes of the 3 per cent higher rates? Ie, would the purchaser still be classed as having an interest in their previous dwelling?
Q&As
This Q&A assumed that the purchaser is an individual and the sale of the old dwelling and the purchase of the new dwelling have the same effective date for stamp duty land tax (SDLT) purposes. For the higher 3% rates of SDLT to apply to the purchase by an individual of a single dwelling, as mentioned in Practice Note: Higher rates of SDLT on additional residential properties, all of conditions A to D (as set out in para 3 of Sch 4ZA to the Finance Act 2003 (FA 2003)) must be met
If a qualifying interest in possession trust (either a pre-2006 trust or an IPDI) has multiple life tenants, and the trustees subsequently appoint the whole fund onto a discretionary trust (thereby terminating all the life interests during the lifetime of the life tenants and causing each life tenant to be deemed to make a chargeable transfer), how will the future exit charges and periodic charges of the trust be calculated? In particular, will the trust be treated for inheritance tax purposes as multiple settlements (one created by each life tenant) each with its own nil rate band? Or will it be taxed as a single trust with a single nil rate band?
Q&As
A person who is beneficially entitled to an interest in possession (IIP) in settled property is treated for the purposes of the Inheritance Tax Act 1984 (IHTA 1984) as beneficially entitled to the trust property in which the interest subsists, but where that IIP is one to which the person becomes beneficially entitled on or after 22 March 2006, IHTA 1984, s 49(1A) restricts this rule so that
If a quiet (rarely used) highway maintainable at public expense had an individual who drives large heavy vehicles over the road, and continually kept on damaging it, what options would a local authority have against that individual? Would the local authority have to continue to repair the road over and over again?
Q&As
The questioner states that the highway is 'rarely used', so perhaps the first consideration is as to whether or not the highway should continue to be a highway maintainable at the public expense. If there is an alternative route, it may be worth considering stopping up the highway, perhaps using the powers in Part VIII of the Highways Act 1980 (HiA 1980) such that the way would revert to being private
If a rail company constructs a public footpath over a railway and there is an Order that states the operator of the railway is required to maintain it, which legislation prevails as to the maintenance of the footpath crossing the bridge?
Q&As
The Practice Note: Bridges and tunnels provides a useful starting point to consider this issue. The section 'A bridge carrying a highway across a man-made feature' refers to the construction of a bridge over a railway. The liability for maintenance of the highway (for definition, see: Definition and classification of highways) will depend upon which Act of Parliament the bridge was built under. However, by statute, the surface of the highway is
If a recipient of Employment and Support Allowance inherits a large sum of money and uses it buy property, will their allowance be withdrawn?
Q&As
The Employment and Support Allowance (ESA) is a means tested benefit. The amount of ESA a person receives will depend on an assessment of their income and capital. A person whose capital exceeds £16,000 will not be entitled to any income-related ESA. Our Practice Note:Social Security Benefits and Eligibility states that assets will be treated as capital for the purpose of means-testing assessments. Any inheritance (ie money) a person receives will therefore count towards their allowable capital. If a person spends their inheritance on purchasing an asset, this may be treated as deprivation of capital. This is where a person deliberately deprives themselves of capital for the purpose of securing entitlement to a benefit or increasing
If a registered charity is taking a surrender of a lease and the deed of surrender states that the lease will merge into the freehold, is there any need to add the standard provision in a disposition to a charity required by section 122(8) of the Charities Act 2011, as the lease will cease to exist?
Q&As
Where land is held on a charitable trust, it can only be disposed of in accordance with Part 7 of the Charities Act 2011 (CA 2011). Dispositions of charity land are regulated by CA 2011, ss 117–123. The charity must be able to demonstrate that the disposal is in its best interests and that it is on the best terms that can reasonably be achieved. 'Disposition' includes the surrender of a lease—see guidance from the Charity Commission: Sales leases transfers or mortgages: what trustees need to know about disposing of charity land which states: ‘Disposal:
If a registered freehold title is subject to a caution against first registration to protect manorial rights, does that caution protection fall away when a freehold registration takes place and should the Land Registry cancel the caution at that point?
Q&As
An estate cannot be registered until any caution has been appropriately dealt with. If someone attempts to register the estate, HM Land Registry (HMLR) will notify the cautioner and inform them of their right to object to the application. The cautioner may then raise an objection within the prescribed period. This is set out in the Land Registration Rules 2003, SI 2003/1417, r 53 and generally ends at 12 noon on the 15th business day after the date of issue of the Registrar’s notice unless otherwise agreed. However, the cautioner can submit a request to the Registrar, setting out why a longer period should be allowed. The request must be made before 12 noon on the 15th business day after the date of issue of the Registrar's notice. If no objection
If a registered property has been sold and the buyer is unable to register it because the power of attorney documents relied on by the seller were incorrect (and certified copies were not provided pre-sale) what route can be taken to remedy this post-completion?
Q&As
In this situation section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) may assist. If the property was transferred with full or limited title guarantee, LP(MP)A 1994, s 2(1)(b) provides that the seller 'will at his own cost do all that he reasonably
If a registered society was incorporated in 1919, then do the insolvency procedures under the Co-operative and Community Benefit Societies Act 2014 or Industrial and Provident Societies Act 1965 (IPSA 1965) apply? Can a registered society still use the members’ voluntary liquidation process, even if governed by IPSA 1965?
Q&As
The Industrial and Provident Societies Act 1965 (IPSA 1965) has been repealed. The Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014) now governs the registration and operation of registered societies. CCBSA 2014, s 1(1)(b) provides that ‘registered society’ includes (by virtue of CCBSA 2014, s 150) societies that immediately before 1 August 2014 were registered or treated as registered under IPSA 1965. It is presumed that registered
If a registered title states that part of the land was formerly copyhold of a manor with the rights saved to the lord by one of the Copyhold Acts does this mean that the land is still subject to manorial rights?
Q&As
In medieval times, the lord of the manor would allow local inhabitants to occupy and work open land within the manor in return for payment (in cash or in kind (in the form of tithes and corn rents)) or services (ie labour or military service). In addition, the lord of the manor retained rights over the land. These manorial rights attached to the lordship (ie the title ‘lord of the manor’) and not to the land of the manor. A comprehensive list of these manorial rights was contained in Schedule 12, paragraphs 5 and 6 of the Law of Property Act 1922 (now repealed). However, the list is helpfully reproduced in HM Land Registry Practice Guide 66—Overriding interests losing automatic protection in 2013. Those rights which continue to be of relevance today are: • sporting
If a registrable lease (of more than seven years) includes an option to purchase the reversion, does both the lease and an agreed notice need to be registered at HM Land Registry. Or can the lease registration and the completed clause LR9.1 in the Prescribed Clauses section be relied on?
Q&As
The question alludes to the fact that the Land Registration Act 2002 (the Act) requires a lease for more than seven years to be registered. If that does not happen, s 7(1) provides that the lease 'becomes void as regards the ... grant .. of a legal estate' and s 7(2)(b) provides that 'the grant … takes effect as a contract made for valuable consideration to grant … the legal estate concerned.' Accordingly, it takes effect in equity only. A failure to register the lease therefore affects the rights as between the parties to it as well as the extent to which a third party might be bound by it. An option on the other hand does not need to be registered for it to take effect as between the
If a regulated/protected residential tenant is in occupation and their landlord’s long residential lease reaches the end of its term, does the superior landlord regain the property from the expired long leaseholder subject to the protected tenancy or does the end of the superior lease somehow end the protected tenancy?
Q&As
This Q&A assumes that the protected tenancy is one governed by the Rent Act 1977 (RA 1977). Rent act tenancies are predominantly governed by RA 1977. A Rent Act tenancy may be either a ‘protected’ tenancy or