Property Law Library
Boundaries and adverse possession
Deeds, plans and boundary features
Adverse possession and Pye v Graham
Land Registration Act 2002
Acknowledgement of title
Trees and hedges
Business lease renewal
Does the Act apply?
Section 25 notices
Section 26 requests
New lease terms
Easements on renewal
Insolvency of landlord
Registration of claim
Electronic Communications Code
Co-ownership and estoppel
Orders for sale
Legal and beneficial ownership
Pallant v Morgan
Yeomans Row v Cobbe
Assurance and reliance - Thorner
Laches and estoppel
Satisfying the equity
Construing rights of way
Extent of grant
Implied and s62
Increasing the burden
Parking and mooring
Repair to right of way
Right to light
Excluding the right
Sporting and recreational rights
Types of easement
Landlord and tenant (general)
Material compliance and breaches
Repayment of rent
Chattels and fixtures
Change of use
Landlord's obligation to enforce
Construction of lease terms
Schedules and notices
Standard of repair
Damages and s18 cap
Extent of the demise
Section 146 notices
Settlement and discontinuance
Goods left on the premises
L & T (Covenants) Act 1995
Notices - service
Presumption of reality
Time of essence
Rent review notices
Restraint of trade
Service charges and insurance (general)
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Terms of the transfer
Unfair contract terms
Ground rent notices
Right to manage
Manager under 1987 Act
Right of first refusal
Service and administration charges and insurance
Construction of the lease
Service charge demands
Summary of leaseholder's rights
The 18-month rule
Consultation of tenants
Compromise of service charge dispute
Transfer to First-tier Tribunal
Variation of lease terms
Mobile homes and caravans
Limitation and shortfall
Counterclaim and set-off
Time to sell
Duties on sale
Negligence and loans
Solicitor's breach of trust and negligence
Tenants of mortgagees
Nuisance and trespass
Occupation by licensee
Abating the nuisance
Damages - account of profits
Defects in neighbouring property
Party walls (article)
Party Wall (cases)
Change of use
Damages in lieu of injunction
Protection from Eviction Act
Human Rights Act defences
Defective Premises Act
Failure to complete
Gifts of land
Guarantees and indemnities
Land Registration Reform
Misrepresentation and answers to enquiries
Notice to complete
Writing - s2 of 1989 Act
Public access to land
Right to roam
Town and village greens
The main cases
Cancellation of registration
User as of right
Family Intervention Tenancies
Injunctions under 1996 Act
Housing disrepair claims
Notice of disrepair - s11
Defective Premises Act
Liability of landlord
Damages for disrepair
Costs in disrepair cases
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Tenant's notice to quit
Benefit of covenants
Consent to development
Interpretation - breach
Modification and discharge
Variation under s610 of 1985 Act
Mixed Use Properties
Boundaries and party walls.
Commons and village greens.
Conveyancing and property development.
Long leases and enfranchisement.
Cases and articles
Civil and Tribunal procedure
Neighbour and boundary disputes
Residential landlord and tenant
Statutes and SI's
Property Law Library
December 2019 update
is now available.
Topics this month:
Right of way – parking – loading and unloading.
Landlord and tenant general:
Consent in leases – reasonableness; Equitable relief from forfeiture – licence and possessory rights; Company Voluntary Arrangement – impact on terms of lease; Relief from forfeiture – rent – time limit.
Service Charges - construction of a lease - liquidation of management company; Collective Enfranchisement – initial notices – was a flat a dwelling; Service Charges – heating systems on adjoining estates.
Inspector – assumptions; CIL - surcharge; CIL – Liability Notice; Outbuilding – Permitted Development; Solar Panels – material consideration
Sale of land – fixtures - fish stocks – solar panels; Sale contract - s2 Law of Property (Miscellaneous Provisions) Act 1989 – email signatures; Conditional sale contract - contract variations and jurisdiction of expert
Definitive maps and statements – sufficiency of evidence for order adding rights of way
Electrical Regulations – Commencement Order
Solicitors Practice Points:
SRA Standards and Regulations; Land Registry Practice
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12 December 2019
Right of way – Parking – loading and unloading – interim injunction
Thurloe Lodge Limited v Amberwood Drive Limited
 EWHC 2877 (Ch)
The Claimant successfully sought an interim injunction against the Defendants preventing the Defendants from interfering with the Claimant’s right of way. There was an express right to pass and re-pass over a road, but the Judge found it arguable that this could include a right to stop on the road for the purposes of loading and unloading.
Landlord and Tenant (general)
There are four cases this month, two from the Supreme Court:
Whether a landlord was reasonable in withholding consent to an application for change of use?
To what extent, in the context of land, is equitable relief available for forfeiture of property and possessory rights.
Whether or to what extent will a CVA compromise a landlord’s rights?
Relief from forfeiture – rent – time limit.
Consent in leases - Reasonableness
Sequent Nominees Ltd (formerly Rotrust) v Hautford Ltd
 UKSC 47
By a 3:2 majority the Supreme Court has held that a landlord was reasonable in withholding its consent to the tenant making a planning application for change of use, as required under the lease, where such change would significantly enhance the tenant’s enfranchisement prospects.
Equitable relief from forfeiture - Licence and possessory rights
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd
 UKSC 46
The Supreme Court held that in the context of land, equitable relief is not only available for forfeiture of property rights, it can be granted for forfeiture of possessory rights
Company Voluntary Arrangement - Impact on terms of lease
Discovery (Northampton) Ltd v Debenhams Retail Ltd
 EWHC 2441 (Ch)
A CVA cannot compromise a landlord’s right to forfeit, but future rent and other future liabilities under a lease can in principle be compromised by a tenant’s CVA even if the tenant continues to trade from the premises.
Forfeiture - Time limit
Timbo v The Mayor and Burgess of the London Borough of Lambeth
 EWHC 1396 (Ch)
In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.
There are three cases this month:
Whether service charges were payable on liquidation of management company?
Whether flats in the process of construction amounted to a separate set of premises for the purposes of s101 of the Leasehold Reform, Housing and Urban Development Act 1993?
Whether, in the context of service charges, costs incurred replacing pipes on one estate were costs “incidental” to the provision of services on another?
Service Charges - Effect of liquidation of management company - construction of lease
Adriatic Land 1 (GR3) Limited v Miller
 UKUT 344 (LC)
On an appeal against a determination of the First-Tier Tribunal (FTT) as to the reasonableness and pay-ability of service charges, the Upper Tribunal found that the FTT had erred in its construction of the residential leases. Where a Management Company went into liquidation, the leases provided for the freeholder to carry out the relevant services and recover the costs from the tenants. There was no ambiguity in the leases that justified the FTT’s decision.
Collective enfranchisement - Was a flat a dwelling?
Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & K Group Holdings Inc
 EWCA Civ 1848
Flats in the process of construction had each amounted to a separate set of premises for the purposes of s101 of the Leasehold Reform, Housing and Urban Development Act 1993, but had not reached the stage of being constructed or adapted for use for the purposes of a dwelling. Accordingly, the Initial Notices had been served by the requisite majority of qualifying tenants.
Service Charges - Heating systems on adjoining estates - costs “incidental”
London Borough of Southwark v Royce
 UKUT 331 (LC)
The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.
There are five cases this month
Whether an Inspector was required to make assumptions
Whether a CIL surcharge was payable
Whether a CIL Liability Notice complied with the regulations
Whether an outbuilding qualified as Permitted Development
Whether the potential impact on solar panels was a material consideration
Air Quality - Assumptions
Gladman v Secretary of State for Communities and Local Government
 EWCA Civ 1543
A planning inspector was entitled to make his decision on the basis of the evidence before him as to air quality impact and was not required to make assumptions or speculate about the effect on local air quality of undecided government measures concerning air quality.
Community Infrastructure Levy - Surcharge
Planning Inspectorate Appeal Decision: APP/P3610/L/19/1200266 - (20 August 2019)
Appeal against a surcharge issued by Epsom & Ewell Borough Council
The Inspector dismissed an appeal against a surcharge levied by the Council for failure to submit a Commencement Notice before works started on development chargeable under the Community Infrastructure Levy.
Community Infrastructure Levy - Liability Notice
Planning Inspectorate Appeal Decision: APP/ D1590/L/19/1200255 (8 October 2019)
Appeal against CIL surcharges imposed by Southend on Sea Borough Council
A Community Infrastructure Levy (“CIL”) Liability Notice sent five months after planning permission granted was not sent “as soon as reasonably practicable” did not meet regulation 65(1) of the CIL Regulations 2010.
Permitted Development Rights - Ancillary or incidental to dwelling
Planning Inspectorate Appeal Decision: APP/T0355/W/19/3229741 (29 August 2019)
Appeal against refusal of planning permission by the Council of the Royal Borough of Windsor and Maidenhead
Consideration of whether an outbuilding was ancillary or incidental to a dwelling house; secondarily whether inappropriate development in the Green Belt; thirdly whether personal circumstances of residents affected the conclusion reached.
Material considerations - Solar Panels
William Ellis McLennan vs Medway Council and Ken Kennedy
 EWHC 1738 (Admin)
The local planning authority erred in refusing to consider as material the effects of a development on a neighbours’ ability to generate electricity from solar panels. The interference with these solar panels, and the consequent effect on their ability to mitigate climate change, even slightly, was a material consideration capable of attracting weight in the decision taken.
Relief from sanctions – All the circumstances – Landlord and tenant dispute
There are three cases this month
Whether fish stocks in a commercial fishery passed on a sale of land?
Whether the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act were satisfied by a string of emails signed with a solicitor’s email signature?
Whether a statement for the purpose of an expert determination satisfied the requirements of the overriding contract?
Sale of land – Fixtures – fish stocks – solar panels
Borwick Development Solutions Ltd v Clear Water Fisheries Ltd
 EWHC 2272 (Ch)
Fish stocks in a commercial fishery did not pass on a sale of the land on which they were situated. Solar panels were fixtures, which passed automatically on the sale of the land to which they were attached, in the particular circumstances of the case, having regard not only to the degree but also to the purpose of the annexation.
Sale contract - Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
Neocleous v Rees
 EWHC 2462 (Ch)
The Court held that a binding contract for the disposition of land, satisfying s2 of the Law of Property (Miscellaneous Provisions) Act 1989, could be formed by a string of emails signed with a solicitor’s email signature.
Conditional sale contract - Contract variations and jurisdiction of expert
Great Dunmow Estates Limited v Crest Nicholson Operations Limited
 EWCA Civ 1683
A statement agreed between the parties for the purpose of an expert determination did not satisfy the requirements of the overriding contract for variations to it and so the parties’ agreement on the valuation date was not effective. The Court of Appeal also held, albeit obiter, that a valuer acting as an expert did not have exclusive jurisdiction to determine matters other than the valuation figure.
Definitive maps and statements - Sufficiency of evidence for order adding rights of way
R (on the application of Roxlena Ltd) v Cumbria County Council
 EWCA Civ 1639
The Court of Appeal dismissed a landowner’s appeal from Kerr J’s order of 30 November 2017 dismissing its claim for judicial review of the Council’s decision of 4 January 2017 to modify the definitive map and statement to add 34 footpaths and extend a bridleway over the landowner’s land.
Solicitors Practice Points
Landlord and Tenant - Regulations
Housing and Planning Act 2016 (Commencement No. 11) Regulations 2019/1359
The commencement regulations bring into force s.122 and s.123 of the Housing and Planning Act 2016 as of 25 October 2019. The Secretary of State may, as of that date, make regulations for electrical standards in private rented dwellings including requirements as to certification and the imposition of financial penalties.
Solicitors Practice Points
There are two points this month
The 2019 SRA Standards & Regulations which came into force on 25 November 2019
Land Registry has updated Practice Guide 12
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