It is unlikely that group relief would apply in this scenario. There is one land transaction: the acquisition of the lease by the third company on its disposal by the two unconnected companies. It is wrong to characterise the transaction as comprising two disposals to one person. Group relief is available to provide a complete exemption in relation to a transaction if the ‘vendor’ and purchaser are companies that are members of the same group. For more detail on the conditions that must be satisfied for group relief to apply, see Practice Note: SDLT group relief. It is understood that the term ‘vendor’ can properly be read to include

Section 43 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) provides that where a woman (W) conceives through donor insemination in a course of treatment by a licensed clinic, and where the agreed female parenthood conditions set out at HFEA 2008, s 44 were met at the time of insemination in respect of another woman (P), then P is to be treated as a parent of the child. In the scenario of this query, P will not be treated as a parent of the child pursuant to HFEA 2008, s 43 since the

The effect of a section 431 election is to tax the employee upfront on the unrestricted market value (UMV) of the shares when they acquire them instead of their actual market value (AMV), and to disapply any future charge under the restricted securities regime under Chapter 2 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003. Without a section 431 election, if there is any growth in value of the shares between acquisition and sale then part of the growth can be charged to income tax (and NICs) under Chapter 2, rather than capital gains tax. For more information,

Co-owning legal joint tenants hold the beneficial interest of the property on trust for the beneficial owners, who are typically (but not always) the same individuals. The beneficial ownership can either be held as joint tenants (meaning that the same principles apply to the beneficial ownership as to the legal ownership) or as beneficial tenants in common, meaning each has a defined share. The courts have the power pursuant to the Trusts of Land and Appointment of Trustees Act 1996 to declare the extent of each party’s beneficial interest in land. The beneficial interest in a property is the ’true’ ownership, distinct from the ’paper’ ownership of who is registered at HM Land Registry as the registered proprietor. Such claims are commonly seen where parties cohabit (but do not marry) and the property is in the sole name of one, even

The Married Women’s Property Act 1882 (MWPA 1882) was a seminal piece of legislation which allowed married women to retain personal control over their property following their marriage. MWPA 1882, s 17 also provided the right for husbands and wives to apply to the court to determine any question of title or possession of property. Married couples no longer have need to have recourse to MWPA 1882 given the provisions of the Matrimonial Causes Act 1973, but the Law Reform (Miscellaneous Provisions) Act 1970 (LR(MP)A 1970) extended the scope of MWPA 1882, s 17 to couples who had been engaged also where the engagement had been broken off. Therefore,

Property held in joint ownership in England and Wales is held in two ways: legal ownership and beneficial ownership. The legal owners of the property are those who hold the legal title to the property in question. Often, but not always, the legal and beneficial owners will be one and the same. The legal owners hold the property on trust for the beneficial owners who are the true owners of the property. The trust may be declared expressly (in accordance with section 53(1)(b) of the Law of Property Act 1925 (LPA 1925)), or may arise as the result of conduct, or may be imposed

In this Q&A it is not clear who the legal owners of the unregistered land are—since the implementation of the Law of Property Act 1925 (LPA 1925) on 1 January 1926, it has not been possible for joint owners to hold the legal title to land other than as joint tenants (LPA 1925, s 1(6)). The beneficial interest can be held either as joint tenants in equity or as tenants in common, as appears to be the case here. In the event that the equitable tenants in common were

This Q&A assumes the following: • that first registration has been triggered under section 4(1)(aa) of the Land Registration Act 2002 but the trustee has failed to register it • that there is only one trustee • that any beneficial interests are registered as a restriction with the Land Registry Transferors want to make sure that companies acting as trustee have made provision for what happens to the trust of land on the event of their dissolution, that there is more than one trustee and that any beneficial interests are registered as a restriction with the Land Registry. Trusts

We have assumed for the purposes of this Q&A, that the transfer referred to was made by way of deed. As per sections 52 and 54 of the Law of Property Act 1925, save in exceptional cases, the creation and transfer of land requires a deed. If it is not made by deed, it will be void for the purpose of conveying or creating a legal estate. The requirements for the same derive from both the common law and statute. There are four key requirements as follows, that a deed must be: • in writing • clear on the face of the instrument that it is intended to take effect as a deed • validly executed as a deed by the person making it,

In general there is no claim for purely economic losses resulting from negligence—a claimant can only claim for consequential losses resulting from actual injury or damage. However, it is a nuisance to obstruct the public highway or otherwise hinder the free passage of the public along it (see East Hertfordshire DC v Isobel Hospice Trading Ltd [2001] JPL 597 (not reported by LexisNexis®) and the authorities referred to there). The highway authority responsible for the highway (usually the local authority) has the power to authorise street works, with powers and regulations contained in both the Highways Act 1980 (HiA 1980) and the New Roads and Street Works Act 1991 (NRSWA 1991). In particular,

It is assumed that any existing lease has come to an end and that there is no continuing statutory security of tenure in respect of the tenant’s occupation which still needs to be determined. Where two or more people together own real property, they hold it under a trust of land. They will hold the legal title as joint tenants, meaning that each is entitled to the whole, subject only to the rights of the others likewise to the whole. The beneficial ownership of the property can be held as tenants in common, meaning that each has a defined share, or, as in this

The pre-action protocol set out in the annex to Family Procedure Rules 2010, PD 9A (FPR 2010) states (at para 12) that: ‘If parties carry out voluntary disclosure before the issue of proceedings the parties should exchange schedules of assets, income, liabilities and other material facts, using the financial statement as a guide to the format of the disclosure. Documents should only be disclosed to the extent that they are required by the financial statement. Excessive or disproportionate costs should not be incurred.’ No specific reference is made to a statement of truth