Councils acquire property for a number of reasons, but they are, in general, free to use that property to deliver any of their statutory purposes. Sometimes, the property will be acquired on trust for a specified purpose or with conditions, which constrains use. Sometimes the current use of the land by the council will constrain disposal and future use, for example before disposing of school sports fields (see Schedule 1 of the Academies Act 2010 and section 77 of the School Standards and Framework Act 1998). Interpreting restrictions upon the disposal of land can be problematic. What if a restriction prevents the disposal of council owned property unless made ‘in accordance with the Highways Act 1959 or some

The local authority (LA) has powers to deal with dangerous buildings under a number of statutes. These include the power to apply for a court order under section 77 of the Building Act 1984 (BA 1984) and the power to take emergency measures in respect of a dangerous building or structure under BA 1984, s 78. The term ‘dangerous structure’ covers any building, part of a building or other structure, where it poses a serious danger to the public, and

This Q&A raises the issues of how one interprets the wording of an easement and also the circumstances in which the person entitled to it may complain when it is obstructed. Logically, the meaning and scope of the easement must be addressed first. It is only once that has been determined that one can start to consider whether the person with the benefit of the easement can complain at the landowner's use of it. In many cases, there will be a plan by reference to which the extent of the right of way can be identified. In other cases, a particular pathway will be described such that there is no doubt as to the line along

The right to manage can only be acquired and subsequently exercised by a right to manage company (RTM company). This must be a private company limited by guarantee which has the right to manage as one of its objects. The content of the company’s articles in England is prescribed by RTM Companies (Model Articles) (England) Regulations 2009, SI 2009/2767 (RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 2004, SI 2004/675 in Wales). See Practice Note: The right to manage. Whether or not an RTM company should be the insured under the buildings insurance requires consideration of the nature of the RTM company and whether or not they have an insurable interest. RTM Company objects and powers Upon exercise of the right, the RTM company takes over all management functions under the leases from the landlord and any third party manager, such as functions relating to services, repairs,

This is assuming the qualifying tenant who disposed of its flat was a member of the right to manage (RTM) company. Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) introduced the right of long leasehold tenants to manage the building within which their properties are comprised through a company known as a RTM company. There are various qualifying requirements before the RTM can be exercised, which are contained within CLRA 2002, s 72(1). These are: • that the premises are a self-contained

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? Where a road has been adopted as a public highway by a highway authority, section 263(1) of the Highways Act 1980 (HiA 1980) confirms that the road itself, together with a portion of the subsoil and air above necessary for maintenance, is vested in the highway authority. However, under common law, ownership of the remaining subsoil beneath the public highway in question, and the remaining airspace above, remains in the ownership of the original freeholder. For registered land, this is a fairly simple rule. For example, where a landowner provides a new road as part of a development and dedicates this road for adoption by the highway authority, the road, subsoil

The amount of stamp duty payable on the acquisition of shares in a UK company will depend on the chargeable consideration given for the shares. The rules are complex and the drafting of the SPA can affect the way in which consideration

A fixed charge receiver is appointed by a lender pursuant to a power contained within the fixed charge or deed of mortgage. A fixed charge receiver is technically different from a Law of Property Act Receiver (LPA Receiver), who is appointed under section 109 of the Law of Property Act 1925, but the term LPA Receiver is often used to refer to a person who is in fact appointed under the terms of the fixed charge. The Receiver is deemed the agent of the borrower, not the lender, but is appointed by and under powers for the benefit of, the lender. The powers of a fixed charge receiver will be governed by the terms of the fixed charge, but ordinarily there will be a power to bring legal proceedings as well as to take possession

This Q&A considers issues surrounding the creation of a Will where a same sex couple wishes to provide for a child conceived by use of a donor egg/sperm. Given the content of the Q&A, it is clear that the situation described amounts to what is commonly known as partial surrogacy; in that the mother will be genetically related to the child, as opposed to genetically unrelated to the child (commonly known as total surrogacy). A surrogate mother (whether or not genetically related) is treated as the child’s legal mother until, and unless, that situation is altered by order of a Court. There is no right

We have assumed that you are referring to a non-surrogacy arrangement, ie that the woman who is to carry the child is not doing so under a surrogacy agreement with the intention of the child being raised by the male couple. Different considerations will apply in that scenario. See: Surrogacy—overview. 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 their property (section 3(1) of the Children Act 1989 (ChA 1989)). For further guidance, see Practice Note: The meaning and scope of parental responsibility. The woman who carries the child is treated as the mother of the child pursuant to section 33(1) of the Human Fertilisation and Embryology Act 2008 (HFEA 2008)

Section 62(1) of Taxation of Chargeable Gains Act 1992 (TCGA 1992) provides that on the death of a person, all the assets which they were competent to dispose shall be deemed to be acquired by their personal representatives for a consideration

For the purposes of this Q&A we have assumed that the obligation referred to is not a planning condition. See Lexis+® UK Planning Conditions: Overview for guidance on the use of planning conditions. From the question posed, we assume that the obligation would seek to require the developer to provide a residential unit to a particular specification, set out the requirements for the sale and marketing of this unit