Tithes Tithes are the tenth part of all fruits, praedial, personal, and mixed, which are due to God and consequently to His church's ministers for their maintenance. Tithes are payable yearly out of all things which with the aid of cultivation yield increase by the act of God, even though the increase is not realised every year. Tithe rentcharges The inconvenience of collecting tithe in kind and the fluctuating nature of the income derived from it has led to the compounding of tithes from very early times, voluntary compositions being called 'moduses' or compositions real and compositions by local or general statutes being called 'corn rents' or tithe rentcharges. In 1836, a procedure was provided for the commutation of all tithes into tithe rentcharges either by agreement or by compulsion, and in fact almost all tithes have been so commuted. Tithe rentcharge has now been extinguished and it is no longer

The British Coal Corporation was a nationalised corporation created by virtue of the Coal Industry Nationalisation Act 1946 (CINA 1946). It established the National Coal Board which acted as the managing authority for coal mining activities in England and Wales. Under CINA 1946 the assets of all private collieries in England and Wales came under the responsibility of the (then) Minister of Fuel and Power. All employees became public servants of the National Coal Board. In 1987 the National Coal Board became the British

A transfer of registered land must be completed by registration in order to take effect in law (see section 27 of the Land Registration Act 2002). Prior to completion of registration of the transfer, the transferee has only an equitable interest in the property and the transferor remains the legal owner. The transferor holds the property on a bare trust (and hence a trust of land)

This question gives rise to the following considerations: • the duty to make a referral to the Disclosure and Barring Service (DBS) • the duty to provide a reference • whether a disciplinary procedure can be completed after the employee has resigned • claims for unfair (constructive) dismissal Duty to refer to the Disclosure and Barring Service (DBS) The duty to make a referral to the DBS is set out in the Safeguarding Vulnerable Groups Act 2006 (SVGA 2006) and explained in the DBS guidance: Making barring referrals to the DBS. Under SVGA 2006, s 35, a regulated activity provider

Farm business tenancies (FBTs) were introduced with effect from 1 September 1995 by the Agricultural Tenancies Act 1995 (ATA 1995). For more information in respect of the conditions which much be satisfied for an FBT to arise, see Practice Note: Identifying a farm business tenancy. Tenants under FBTs do not enjoy any long-term security of tenure. However, ATA 1995 affords a degree of statutory protection to tenants whose tenancy, when granted, was an annual periodic tenancy or was for a term of more than two years. However, an FBT granted for a fixed term of two years or less expires at the end of the fixed term. There is no statutory extension of that tenancy. The landlord is entitled to possession after the

This Q&A assumes that there are various planning issues, which have not been dealt with in detail. It is the overarching duty of each Highway Authority to maintain the safety of the highway network. Visual amenity is not the concern of the highway authority, unless it impacts upon visibility or causes a dangerous distraction to highway users. Section 41 of the Highways Act 1980 (HiA 1980) sets out this fundamental duty—the highway authority is 'under a duty […] to maintain the highway'. However, the question refers to HiA 1980, s 167. The key subsections state: '(1) This section applies to any length of a retaining wall, being a length— (a)any

It is commonly the case that a local authority will seek to negotiate with landowners while a compulsory purchase order is being sought. The general compensatory principle is that the forced seller should be put in an equivalent position meaning that they are no worse off in financial terms after the acquisition than they were before, but also should be no better off. The heads of claim are usually the value of the

The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013), is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to

An 'environmental corridor' is not a known national or statutory planning designation but it may be the subject of, or a term used as part of, a local planning designation or planning policy in a local plan (LP), a neighbourhood development plan (NDP) or a supplementary planning document (SPD) and may make it difficult to obtain planning permission for certain types of development. LPs and NDPs are part of the statutory development plan while SPDs are a material consideration to planning determinations. Section

Under the Housing Act 1985 (HA 1985) the right to buy (RTB) scheme gives eligible secure tenants the statutory right to buy their property at a discount. Subject to conditions a secure tenant in England has the right to buy the freehold of their house or the lease of their flat (or leasehold house). The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 abolished the right to buy and the right to acquire in Wales from 26 January 2019. HA 1985, s 120 provides that the right to buy does not arise unless the landlord owns the freehold or has an interest sufficient to grant a lease in pursuance of this Part for: • where the dwelling-house is a house, a term exceeding 21 years, or

A mortgage by demise is an unusual form of mortgage which provides for the demise of property to a lender from a borrower in order to secure a loan of money. The structure of a mortgage by demise is akin to a lease, but for an extremely long period of time (normally 3000 years). The mortgage will include provision for its redemption. Ordinarily, upon payment of the principal sum and interest the mortgage will determine. However, in order to terminate the term of the lease demised, the premises must then be assigned to a trustee for the owner or to the owner themselves

When a mortgagor dies, the mortgage is not extinguished. The monthly mortgage repayments are still due to the mortgagee, and the mortgagee is entitled to demand the repayment of the full sum outstanding on the mortgage. It is unclear from the scenario of this Q&A whether ‘the borrower’ and his wife were co-mortgagors, or whether it was in the sole name of ‘the borrower’. If the mortgage was in joint names, the mortgage would not automatically have passed to the wife’s sole name. She would have needed to apply for the mortgage to be transferred into her sole name and to have met the affordability criteria for such a transfer. The mortgagee should therefore be aware whether the last mortgagor was ‘the borrower’, the borrower and his wife as joint-mortgagors,