Trusts—points to note As set out in Green v Russell: A trust is an equitable obligation, binding a person(s) (called a trustee(s)) to deal with property over which they have control (which is called the trust property), for the benefit of persons (who are called the beneficiaries). For guidance on the classification of trusts, see Practice Note: Nature and classification of trusts—the nature and classification of trusts and Commentary: Nature of a trust: Tolley’s Administration of Trusts [A1.1]. The trustees must ensure that all decisions they make are in accordance with their duties as trustees.

Section 14A of the Children Act 1989 (ChA 1989) provides that the court may make a special guardianship order (SGO): • as a result of a free-standing application by an applicant who is entitled to apply or an applicant who has obtained permission from the court to apply • with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if: ◦ an application for the order has been made by an applicant entitled to apply as of right or an applicant who has obtained permission to apply, or ◦ the

When a parent is considering changing a child’s surname, they should consult with any other person who holds parental responsibility, regardless of whether a child arrangements order is in place or whether the other parent has any contact with the child. If there is any dispute about the proposed change in surname, the matter should be referred to the court for determination. ‘No disputed registration or change should be made unilaterally’ (Dawson v Wearmouth). If there is a child arrangements order in place, a freestanding application should be made under section 13 of the Children Act 1989 (ChA 1989). If there is no child arrangements

Registration of estates and interests The estates and interests, the title to which is capable of being registered, are set out in section 2 of the Land Registration Act 2002 as follows: ‘…(a) unregistered legal estates which are interests of any of the following kinds: (i) an estate in land, (ii) a rentcharge, (iii) a franchise, (iv) a profit a prendre in gross, and (v) any other interest

Adverse possession (often colloquially referred to as ‘squatters’ rights’) was until the statutory amendments which came into force in 2003, a common law doctrine that enabled a person who had been in factual possession of land owned by another: • for a specified period of time (12 years) • with an intention to possess (often deduced from the acts making up factual possession) • without the consent of the owner to be

This Q&A assumes that the advance payment referred to was made under section 52 of the Land Compensation Act 1973 (LCA 1973), which provides that where an acquiring authority has taken possession of any land, it must, if requested by a person entitled to the compensation, make an advance payment on account of the compensation payable by it in respect of the compulsory acquisition. LCA 1973, s 52(8A) provides that the particulars of any advance

Where a local planning authority (LPA) seeks to secure obligations to make a proposed development acceptable in planning terms (where these obligations cannot be secured by planning conditions), the usual approach is through an agreement or undertaking pursuant to section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Further information regarding section 106 obligations and the types of obligations which can be secured can be found in Practice Note: Planning obligations—key points. Section 106 obligations may, however, not be an option where the LPA owns the land to which the planning application relates, as the LPA as landowner, cannot covenant with itself as LPA. This is the case notwithstanding that two separate statutory functions are being exercised, because the LPA could not enforce

The Neighbourhood Planning (General) Regulations 2012, SI 2012/637, regs 14–20 set out the procedural requirements for modifying an existing neighbourhood development plan (NDP). This streamlined procedure applies where proposed modification(s) to an NDP which is already in force would

The answer to this question depends on the wording of the covenant prohibiting assignment without consent. If the covenant is worded so that the only pre-requisite to grant a licence to assign is a deed of covenant, then the landlord cannot require other conditions on assignment. If, however, the covenant is worded so that it is a pre-condition that such a

The rule against derogation from grant applies to the grant of easements and rights granted for a term of years. The principle is that someone who agrees to confer a particular benefit on another must not do anything which substantially deprives the other of the enjoyment of that benefit. That would be to ‘take away with one hand what is given with the other’. See Practice Note: Derogation from grant. We are not

For the purpose of this Q&A we assume that the tenant is a long leaseholder of a flat. Sinking funds are very useful tools for the landlord in paying for capital expenditure. If managed correctly, they can also be of benefit/value to the tenant because it will spread the cost of capital expenditure rather than a nasty large bill being demanded when the works are due to be carried out. Often well-advised purchasers will ask whether there is a reserve or

See Practice Note: Negotiation guide—insurance clauses—commercial leases. In Beacon Carpets v Kirby, the landlord was obliged to insure but was unable to obtain planning permission for the reinstatement of the premises. The Court