If using Form RXC to consent to a disposition which is otherwise 'caught' by a restriction on the affected title, panel 3 of that form provides the required

Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982) covers the enforceability by local authorities of certain covenants relating to land. It applies where a principal council and any other person are parties to an instrument under seal which is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or for the purpose of regulating the use of, or is otherwise connected with, land in or outside the council’s area in which the other person has an interest, and is not executed to facilitate, and is not connected with, the development of the relevant land.  LG(MP)A 1982, s 33(2) contains powerful enforcement provisions. Where: • the relevant instrument contains a covenant

An application to court for an administration order gives rise to an interim moratorium in respect of claims against the relevant company (paragraph 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986)), save where an administrative receiver is appointed. The interim moratorium prevents creditors from bringing insolvency proceedings or claims before the court, though permission can be granted by the court to proceed with a claim. When a company enters administration, the moratorium is permanent (IA 1986, Sch B1, paras 41–42). This has the effect of dismissing any winding up petitions that are extant and preventing the company from resolving to wind up; from enforcing securities or distraining against assets without the consent of the court or the

It is assumed that the ex employee had a statutory tenancy under the Rent (Agriculture) Act 1976 (R(A)A 1976) as an original occupier before they became self-employed. Agricultural workers in England who live in a property owned by their employer enjoy statutory protection under either R(A)A 1976 or the Housing Act 1988, depending on when the worker’s occupation of the property began. In the case of occupation which commenced

In this Q&A we have focussed on the changes initiated by Regulation (EU) 2015/2424 (which were codified in Regulation (EU) 2017/1001, the EU Trade Mark Regulation (EUTM Regulation)), and key considerations to be made when applying for an unconventional mark. EU Trade Mark Regulation—What is new? We refer you to News Analysis: New EU trade mark reforms, which provides an analysis of the background to the new EU trade mark reforms. As mentioned in this, there are five new types of trade mark that can be applied for in the EU: • Position • Pattern • Motion • Multimedia • Hologram These are in addition to a Certification Mark (something

The principles for determining who has the benefit of a profit are the same as for determining who has the benefit of a covenant—although there is considerably more case law about the latter than the former. Covenants and whether they run with the land A covenant is in essence a contractual right which is valid between the parties to it. The benefit of a covenant may ‘run with the land’, meaning that the covenant is so annexed to the estate in the land concerned, that the rights and obligations created by the covenant pass to the successors-in-title of the landlord and tenant. For a covenant to run with the land, it must ‘touch or concern the thing demised’: see for example Dewar v Goodman. The

The starting point with an expressly-granted easement is always the deed granting the easement, which the court will interpret in its entirety and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land. If a right of way is created by grant, the persons or classes of persons entitled to use it may be expressly limited by the terms of the instrument. If not, the grant must be construed in accordance

Section 78 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) provides that before making a claim to acquire the right to manage premises, the right to manage (RTM) company must give notice inviting qualifying tenants who are not members to participate. Such a notice must, inter alia, invite the recipients of the notice to become members of the company. All of those qualifying leaseholders who respond to the notice and who ask for membership must be enrolled as members of the RTM company and the membership noted in the company records. It is generally good practice

It is commonly the case that a freeholder or a right to manage (RTM) company where one has been put in place by the leaseholders will build up a reserve fund from contributions made by the leaseholders through their service charges. The purpose of such a fund is to provide a cushion against significant expense, such as repair work which falls under the leases to the leaseholders, by spreading contributions across a number of years. This mitigates against the risk of a significant bill being presented to the leaseholders in the year in which major works need to be carried

Rights of occupation The Law of Property Act 1925 (LPA 1925) makes certain provision in relation to conveyancing and property law in England and Wales. LPA 1925, s 54 (which is entitled ‘Creation of interests in land by parol’) stipulates: ‘(1) All interests in land created by parol and not put in writing and signed by the persons so creating the same, or by their agents thereunto lawfully authorised in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only. (2) Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.’ The effect of LPA 1925, s 54 is that

Position where the contract for sale is silent in relation to environmental liabilities If a contract for the sale of land is silent in relation to environmental liabilities, the position on who is liable depends on a number of factors such as the nature of the liability, who caused or knowingly permitted the issue and when it occurred. For example, there are several types of liability for land contamination including liability for contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). (see Practice Note: Land contamination—potential liabilities). Liability for contaminated land

Payment in instalments Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) provides a mechanism for the giving of planning obligations by a developer to a local planning authority, to mitigate the effect of a proposed development. Those obligations can include financial contributions, which can be paid ‘on a specified date or dates or periodically.’ TCPA 1990, s 106(1) provides as follows: ‘(1) Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A and 106C Schedule 7A as “a planning obligation”), enforceable to the extent mentioned in subsection (3)— (a) restricting the development or use of the land in any specified way; (b) requiring specified operations or activities to be carried out in, on, under or over the land; (c) requiring the land to be used in any specified