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James Carroll and Juliet McDermott discuss interim occupationof the family home pending divorce Commonly, when facing a divorce, the biggest asset will be the family home. Both parties will need to decide what is going to happen to the family home in the longer term. This will require consideration of their respective financial circumstances, including …
Continue reading "Matrimonial Home: Should I stay or should I go?"
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As predicted, the Chancellor targeted stamp duty land tax avoidance, but also created capital gains tax and inheritance tax worries. Elaine Dobson investigates ‘It is possible that if the contract can be renegotiated then the buyer, having exchanged contracts in the name of the corporate entity, may not be able to take advantage of the …
Continue reading "Budget 2012: An end to the loopholes"
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James Atkins provides a review of the current law ‘There are no less than three methods by which an easement may be acquired: through long use for the benefit of dominant land at common law, by the doctrine of lost modern grant, and under the Prescription Act 1832.’ In its report of 7 June 2011 …
Continue reading "Easements: Acquisition by prescription"
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The new remedy of CRAR still needs some work before becoming a reality. Ed John outlines the key points of the consultation paper ‘Transforming Bailiff Action’ ‘It remains the government’s intention to unify the existing law relating to seizure and sale of goods for most purposes, including the recovery of rent arrears and also, for …
Continue reading "Landlord And Tenant Update: Commercial rent arrears recovery"
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Stephen Ashworth addresses some fundamental concerns relating to affordable housing, highlighted by a recent decision in Amber Valley ‘It may well be the right decision for the local community to allow development to proceed. If developed it will bring new housing, and the construction will bring jobs and economic activity to the area and, in …
Continue reading "Planning: Amber alert"
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Graeme Robertson reviews the implications of the Land Registration Act 2002 and its implications on squatters and landowners ‘Since the 2002 Act, which came into force on 13 October 2003, it has become much more difficult for a squatter of land to acquire title through adverse possession.’Adverse possession is an area of property law that …
Continue reading "Adverse Possession: Something nasty in the woodshed"
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Nigel Howorth and Michael Coxall discuss the implications of CIL on real estate transactions ‘CIL will be payable in relation to most forms of development in local planning authority (LPA) areas where it is introduced. It will replace many of the tariff-type payments seen currently in section 106 agreements.’ After lengthy preparation and many changes …
Continue reading "Community Infrastructure Levy: Issues of concern"
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Meeta Kaur provides a timely reminder of the CIL and the basics of how it is intended to operate ‘Regulations 122 and 123 of the CIL Regulations provide the legislative basis that is intended to establish the relationship between the CIL and s106 agreements once the CIL is adopted in an area.’The Community Infrastructure Levy …
Continue reading "Planning And Environment Update: Community infrastructure levy"
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Jamie Kidd reviews Coventry v Lawrence and its implications for those affected by noise nuisance ‘It is a question of fact in every case whether the grant of planning permission followed by steps to implement such permission do have the effect of changing the character of the locality.’ Every person is entitled to the comfortable …
Continue reading "Nuisance: Influence of planning permissions"
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Kathleen Fitzgerald looks at two cases where the courts stuck to a rigorous application of the provisions of s2 ‘The need for formality means that negotiations to transact with land will not bind the parties before they are ready to commit fully to what is agreed between them.’ It is perhaps unsurprising in the current …
Continue reading "Contractual Formalities: Section 2 of the 1989 Act in the spotlight"
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