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Q&As
There is no specific limitation period that applies directly tothe Land Registration Act 2002, Sch 4 (LRA 2002). For many claims, periods of limitation are prescribed by various statutes (statutes of limitation, eg Limitation Act 1980 (LA 1980)) with the result that a claim started after an applicable period of limitation has expired is barred. The LRA 2002, s 65 and Sch 4 set out a scheme for ‘alteration’ of the land register. This provides that an applicant may apply either to the court, or to the registrar, for the register to be changed so as to: • correct a mistake • bring the register up to date • give effect to any estate, legal right or interest that is excepted from the effect of registration; or • remove a superfluous entry (only the registrar, not the court, has this power) ‘Rectification’ is defined
Q&As
It is common for interests in land to be protected by way of restrictive covenant. Such covenants may arise from a lease, or may be in relation to freehold land. They amount to contractual obligations which ordinarily run with the land rather than the individual, and which protect rights by requiring or prohibiting certain acts. A covenant relating to any land of the covenantee is deemed by virtue of section 78 of the Law of Property Act 1925 to be made with the covenantee and his successors-in-title and the persons deriving title under him or them. A covenant may require a party to carry out repairs to premises, for example, or prohibit a party from using the
Q&As
There is no statutory provision that deals with the termination of an LPA/fixed charge receivership. As the power to appoint an LPA/fixed charge receiver derives from the legal charge, once the legal charge has been discharged, the receiver’s role ceases and they have no more powers. Any time limit would be contained within the charge document, although this is not usual
Q&As
Is there a maximum temperature for a working environment? The short answer is no. There’s no law setting out a maximum working temperature, or specifying when it’s too hot to work. Temperatures in indoor workplaces are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004, which require employers to provide a ‘reasonable’ temperature in the workplace, during working hours. What is a ‘reasonable’ working temperature? What’s reasonable will depend on what type of workplace it is. Guidance from the Health and Safety Executive (HSE) suggests a reasonable working temperature is at least 16°C (or 13°C for more strenuous physical work), unless specific rules apply. This is not a legal minimum—you should establish what’s reasonable in any workplaces you are responsible
Q&As
Retention is the money retained from interim payments, by the employer, as security for future performance: the purpose of retention is basically to ensure both that completion is reached and that there is good/proper workmanship. See Practice Note: Retention of payment in construction contracts. Typically, market practice is that the retention money will be partially released by the employer (commonly 50%) on practical completion, with the remaining portion being released at the end of the defects liability period. This is the case under both the JCT and the NEC3 contracts. There is no maximum time limit, under statute or at common law, for which a retention can be withheld by the employer. It will depend on the terms of the contract. How long retention may be withheld may be an issue during pre-contract negotiations or, at the end of the project, when an employer may be delaying the repayment of the retention to the contractor. Pre-contract The arrangements regarding the repayment of retention
Q&As
Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access, and the overhang is such as to endanger or obstruct the passage of vehicles or pedestrians, or to obstruct or interfere with the view of drivers or vehicles or the light from a public lamp, the competent authority may give notice to the owner of the hedge, tree or shrub or the occupier of the land on which it is growing to require within 14 days for it to be lopped or cut so as to remove the cause of the danger, obstruction or interference (section 154(1) of the Highways Act 1980 (HiA 1980)).
Q&As
There is no maximum time limit following the parties entering into a prenuptial agreement before a marriage may take place subject to any period the parties may themselves agree. Equally, there is strictly speaking no minimum time limit, although the Law Commission recommended in 2014 a minimum period of 28 days (Law Commission report: Matrimonial property, needs and agreements February 2014). This is considered to be good practice. Nonetheless, there are instances of agreements signed very close in time that have been upheld on the particular facts (eg SA v PA (Pre-Marital Agreement:
Q&As
Expert determination We are not aware of any authority specifically dealing with a mechanism to substitute new parties into an expert determination in the absence of a provision in, that regarding in, the lease or expert’s terms of reference. However, our News Analysis: Court gives guidance on expert determination (Vimercati v BV Trustco Ltd & Others) contains a useful summary of the key points which arise out of the leading authorities on expert determination, including that: • the general rule is that the courts will be reluctant to interfere in the implementation of the contractual or other machinery chosen by the parties for expert determination of an issue (Jones v Sherwood and Norwich Union Life Assurance Society v P&O Property Holdings Ltd) • if the parties have provided that the expert is to make the decision, the courts
Q&As
It has been assumed for the purpose of this Q&A that the father is the natural father of the child. If he is not the natural father, different considerations may apply. Under section 3 of the Children Act 1989 (ChA 1989), parental responsibility means 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'. When a father is married to the child's mother at the time of the child's birth, he will automatically hold parental responsibility pursuant to ChA 1989, s 2. A father who is not married to the mother at the time of the child's birth may still hold parental responsibility as a result of being named as the father on the child's birth certificate or as result of a parental responsibility agreement or court
Q&As
A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later date by applying for an order for sale of the charged asset under CPR 73.10C (see Practice Note: Order for sale—how to enforce a charging order). The charging order crystallises the judgment debt, enabling the judgment creditor to sell the asset, repay all mortgagees and chargees in priority and repay the debt owed to the judgment creditor. See Practice Note: Charging orders—how and where to apply. There is no prescribed minimum financial threshold for obtaining a charging order to enforce a judgment debt. However, when considering enforcement by this method, the size of the judgment debt is relevant and is one of the factors taken into account by the court in the exercise of their discretion. In Packman Lucas Ltd v Mentmore
Q&As
Where there is more than one beneficial owner of real property, or where the beneficial owner differs from the legal owner, a trust of land will arise: section 4 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), which converts the trust for sale into a trust of land, and section 1 of the Law of Property Act 1925 (LPA 1925). This means that the legal owner or owners will hold the legal interest in the property on trust for the beneficial owner or owners. There can be only four trustees (ie legal owners) of a trust of land—LPA 1925, s 34(2) and section
Q&As
Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 requires the employer of affected employees: • to provide certain information to appropriate representatives of those employees, and • if the employer envisages that he will take ‘measures’ in relation to an affected employee in connection with the transfer, to consult the appropriate representatives of that employee For further information on the obligation to inform and consult generally, see Practice Note: Information and consultation in transfers. There is no requirement to start the process immediately, a transfer is proposed and