We have assumed that A is an individual. The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if, at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns a major interest

See Practice Note: Easements—can I add to the dominant land? Generally, the benefit of an easement will not extend to any land subsequently added or tacked on to the dominant land and therefore, an easement cannot be used to access land

In this Q&A the dominant land, ie the land with the benefit of the right of way is that demised to the tenant. The grant is to the freehold owner but it post-dates the lease. At the time the lease was granted, no right of way existed and so the tenant could not, whether expressly or impliedly, take the benefit of it. Had the right of way been in existence at the date of the grant of the lease, then under section 62(1) or (2) of the Law of Property Act 1925 (LPA 1925) the lease, which

Administrator's roles and duties The administrator’s roles and functions are set out in paragraph 3 of Schedule B1 of the Insolvency Act 1986 (IA 1986). The administrator acts for all creditors, not just the entity that appointed them. They are an officer of the court, whether appointed by the court or otherwise, and therefore have to comply with the duty applicable to officers of the court and act honourably and fairly. For more guidance on the duties and powers of an administrator, see Practice Note: Roles, powers, functions and duties of an administrator and Commentary: General duties of the administrator: Tolley’s Insolvency Law Service [A5221]. Hire

In this Q&A, we have assumed that B’s claim is smaller than A’s. Legal process against the company Under paragraph 43(2) of Schedule B1 to the Insolvency Act 1986 (IA 1986), a moratorium provides that no legal process (which includes legal proceedings, execution, distress and diligence) may be commenced or continued against the company or its property without the consent of the administrator, or the permission of the court. This is sufficiently broad to cover any remaining actions and steps that might be taken against the company or its property. This means that B can only bring an action against A with the permission of the administrator or the court. The purpose of the moratorium (and interim moratorium) is to protect the company and its assets from creditor action during the period of the company's administration (and the pre-appointment period). The moratorium prohibits any steps, actions and processes from being commenced or continued with against the company and

Mental incapacity of executor Mental capacity is a ground upon which an executor can be excluded from probate (see Evans v Tyler (1849) 163 ER 1266 at para [131] (not reported on LexisNexis®). The general position regarding an incapacitated sole executor is now dealt with in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35. Under NCPR 1987, SI 1987/2024, the usual practice is for the district judge or registrar to make a grant of administration (previously called a ‘durante dementia’) for the use and benefit of A until further representation be granted or in such other way as the district judge or registrar may direct. See also NCPR 1987, SI 1987/2024, r

Landlord and Tenant Act 1985, s 18 (LTA 1985) defines a service charge as 'an amount payable by a tenant of a [dwelling] as part of or in addition to the rent— • which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord's costs of management, and • the whole or part of which varies or may vary according to the relevant costs.' LTA 1985, s 30 provides that a landlord means

In the absence of any express obligation to repair, the general rule is that neither the dominant or the servient owner (see Jones v Price at [631] and Duke of Westminster v Guild Duke of Westminster v Guild at [700F]) is under any obligation to repair a right of way. Taylor v Whitehead [1781] 2 Doug KB 745 (not reported by LexisNexis®UK) and Ingram v Morecraft [1863] 33 Beav 49 at [51–52] (not reported by LexisNexis®UK) suggest that as a

The issues which arise in relation to this matter, bearing in mind timescales involved, will also involve assessing issues of fact and judgment. As planning permission and a building regulations completion certificate were issued, this provides confirmation that the necessary consents were obtained in 1996 following appropriate consultation with the relevant authorities, when consideration would have been given to the location of the sewer. The

Where a person has been injured in a road traffic accident which occurred in the UK but was caused by the driver of a foreign registered vehicle normally based in another participating country, the claim will be handled under the Green Card scheme either by the British insurer acting as correspondent or, if there is no nominated correspondent, by the Motor Insurers' Bureau

You have asked whether it is possible for a custodian for property and affairs, appointed by the Israeli court to deal with the sale of an English property under the authority of the foreign order (protective measure) or, if not, whether it is necessary to make an application to the Court of Protection for the foreign custodian to be appointed as

This may be the correct way to achieve a right of access from B’s land over C’s land. The reserved right will benefit