Refine By
Clear all filter
About 90774 results for "*"
A landowner (A) has agreed with an adjoining landowner (B) to undertake works on the adjoining land. B insists that A gives to him a legal charge over A’s land to secure performance of the obligation to carry out the works. The legal charge is to be released on completion of the works. Do you have a form of legal charge that is appropriate to secure A's obligations?
Q&As
A first consideration should be to enquire why B is seeking a legal charge. Is it to ensure the work is done? To allow B to carry out the works in default? Or is it a question of money, ie does B want security that, if A fails to carry out the work, B will receive funds (eg by way of sale of A’s land) to pay for the works? There are a number of ways this could be catered for: The obligation to build However
A landowner claims a right to light in respect of their building. They have had 20 years uninterrupted enjoyment of light as per the Prescription Act 1832. However, throughout the duration of this 20 years, they have covered their windows for privacy reasons. The coverings are temporary and are sometimes removed to clean the windows, but always put back. Can they still claim a right to light?
Q&As
For a right to light to arise by prescription, whether under common law, lost modern grant, or the Prescription Act 1832, there must be actual enjoyment of the light through defined apertures. Whether window coverings prevent the enjoyment of light is likely to depend on the precise facts,
A landowner granted a farmer a grazing licence in 2013 for one month. Since expiry of the licence, the farmer has remained in occupation and no rent has been paid during his period of 'holdover'. There have been no active negotiations for a new licence or tenancy. Could the farmer claim an annual periodic tenancy even though no rent has been paid?
Q&As
We have assumed for the purposes of this Q&A that the holding subject to the grazing licence was not used for grazing horses. On grazing agreements generally, see Practice Note: Grazing agreements. We have further assumed for the purpose of this response that the original licence did not constitute a farm business tenancy under the Agricultural Tenancies Act 1995 (ATA 1995). There is a degree of formality about the grant of a farm business tenancy and also the need for compliance with the statutory conditions (such as mandatory provisions in relation to rent in ATA 1995, Pt
A landowner granted an oral tenancy of some agricultural land in 1988. Sometime later, the tenant started to pay the rent in the name of his partnership. The landlord accepted the rents from the partnership. However, the landlord has never given formal consent to an assignment. Is there a risk that the tenancy could have been impliedly assigned to the partnership?
Q&As
Three types of assignment There are, as a generalisation, three common forms that an assignment can take: • legal assignment. In order for a legal assignment to take place the conditions set out in section 136 of the Law of Property Act 1925 (LPA 1925) must be fulfilled. Amongst other things, that section requires a legal assignment to be in writing and signed by the assignor. In the premises, it will be appreciated that the scenario set out cannot amount to a legal assignment; there being no written document in existence
A landowner intends to grant a lease of land including a gallop, stables and a house. The tenant will use the property for training of horses. Would this use be an agricultural activity thus meaning a Farm Business Tenancy (FBT) is the appropriate document?
Q&As
A Farm Business Tenancy (FBT) is a business tenancy under the Agricultural Tenancies Act 1995. A tenancy of agricultural land granted on or after 1 September 1995 (the commencement date of the Act) will be an FBT where all or part of the land is used for trade or business throughout the tenancy, and the character of the tenancy is primarily or wholly agricultural or the parties have exchanged notices in prescribed form prior to the tenancy confirming that it is to be an remain an FBT. Agriculture is defined as including horticulture, fruit growing, seed growing, dairy farming and livestock breeding and
A landowner is entering into a wayleave agreement. While being described as an 'agreement' the document contains no consideration and provides for execution as a deed. If the agreement provides for nominal consideration, can it be signed as an agreement rather than a deed? Is there a particular legal reason why a utility provider would prefer a deed to an agreement?
Q&As
A wayleave agreement is a form of agreement between a landowner and a utility supply company allowing the latter to place equipment on or through the land for the purpose of providing power supply apparatus, such as cabling, pylons or other necessary items. Ordinarily, the landowner will receive a payment by way of compensation in return for the right. Wayleaves are regulated by the Electricity Act 1989, among other statutes (in respect of other utilities such as water, gas and broadband) and will either be contractual or compulsorily granted by the Secretary of State where the requirements for a necessary
A landowner is in the process of transferring land to a buyer. However, the buyer has requested that the seller enters into a private deed of drainage easement with an adjoining landowner prior to completion in order to serve the buyer's future development (the buyer will be a successor in title and benefit from the future rights). The adjoining landowner has agreed to proceed. However, the easement land actually falls within the extent of the adopted highway (a large verge area adjoining a county road). Is the easement now superfluous on the basis that the buyer should instead seek permission from the local highway authority for the proposed drainage works?
Q&As
An easement is a right enjoyed by one piece of land (the 'dominant tenement') over another piece of land (the 'servient land'). The easement is a right that attaches to the land, as opposed to a personal right such as a licence. An easement for services is a very common easement that provides for the running through the servient land of services for utilities, such as water, gas, electricity
A landowner is selling self-build serviced plots on a multi-unit site. The landowner will not be responsible for construction of the units. The construction will be undertaken by a third party building contractor under a separate agreement from the plot sale agreement. The buyer of each plot will be required under the plot sale agreement to enter into a building contract on or before completion of the plot sale to ensure consistency of development across the site. Will SDLT be due on the payments under the building contract as well as under the plot sale agreement?
Q&As
Stamp duty land tax (SDLT) is generally calculated by reference to the chargeable consideration given for the subject matter of a chargeable transaction, directly or indirectly, by the buyer or a person connected with the buyer. This is subject to market value charges that apply in certain circumstances. For further details of the market value rules, see Practice Note: SDLT chargeable consideration. Chargeable consideration has a particular meaning for SDLT purposes. Chargeable consideration includes not only money or money’s worth but also other means
A landowner proposes to undertake works on his land which involve excavation, the foundations of which will encroach onto the adjoining owner's land by one metre. It is not clear whether the foundations comprise 'special foundations' as defined in section 20 of Party Wall etc Act 1996. If the landowner obtains the adjoining property owner's consent, does section 6 of the Party Wall etc Act 1996 allow the landowner to construct the foundations in the absence of any other rights to access the adjoining owner's property?
Q&As
Notice requirements in respect of excavations are outlined in section 6 of the Party Wall etc Act 1996 (PWA 1996), and in particular, they deal with excavations which are within between three and six metres of an adjoining property.. Dealing firstly with the matter of 'special foundations', these are defined in PWA 1996, s 20 as: '…foundations in which an assemblage of beams or rods is employed for the purpose of distributing any load'. If the foundations meet the above definition they require the adjoining owner's prior consent in writing. Clearly this
A large cash sum was donated to a charity several years ago for a restricted purpose. It has transpired that the donation has been spent on other purposes and the donor has approached the charity asking for the money back. What are the legal repercussions for the charity under Scottish law?
Q&As
This is potentially a serious matter and it may be advisable to gain specific legal advice. In short, a number of potential matters arise, which include: • there could be a regulatory inquiry by the Office of the Scottish Charity Regulator (OSCR) exploring the misapplication of funds, which might also impact on the charity trustees themselves. The OSCR is likely to explore key issues such as whether there was proper governance in place and how the funds
A lasting power of attorney appoints a solicitor as attorney and contains a clause enabling charges to be made. The donor dies and another firm of solicitors is appointed as executors of the donor's estate. Under what circumstances can the solicitor attorney charge for work undertaken after the donor's death, such as liaising with the care home, notifying the executors of the death, providing information etc?
Q&As
Charging by an attorney An attorney appointed under a property and affairs LPA in accordance with sections 9 to 14 and Schedule 1 to the Mental Capacity Act 2005 (MCA 2005) has the power to do almost anything that the donor could do regarding their property and affairs. The authority conferred by any LPA, both property and affairs and personal welfare (MCA 2005, s 9(1)), is subject to the provisions of MCA 2005 particularly section 1 (the principals) and section 4 (best interests) and any conditions or restrictions specified in the LPA itself: MCA 2005, s 9(4). See Practice Note: LPAs—the attorney's duties and powers. An attorney can claim expenses for carrying
A law firm has been appointed as executor, but wishes to renounce probate. Can it within the deed of renouncement consent to the appointment of another firm in its place, or can it only consent to the appointment of a trust corporation as executor? Alternatively, could the appointed firm appoint a successor by power of attorney?
Q&As
Renunciation of probate by partners Rule 37(2A) of the Non-Contentious Probate Rules 1987, (NCPR 1987) SI 1987/2024 (SI 1987/2024, r 37(2A) provides that any two partners in a firm of solicitors or any other trading partnership may renounce probate on behalf of and with the authority of the other partners, where all the partners were appointed executors and/or residuary legatees and devisees in trust. Following the decision in Re Rogers (deceased), renunciation must be effected by equity partners in the firm of solicitors (they being the only partners entitled to probate). Where the solicitors have become a limited liability partnership or have incorporated, the renunciation may be effected by any two members or directors as appropriate. The Precedent: Renunciation of probate by equity