April 2012 #287 – Law Journals

Community Infrastructure Levy: Issues of concern

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 …

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Budget 2012: An end to the loopholes

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 …

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Easements: Acquisition by prescription

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 …

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Landlord And Tenant Update: Commercial rent arrears recovery

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 …

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Planning: Amber alert

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 …

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Adverse Possession: Something nasty in the woodshed

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 …

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