July 2013 #313 – Law Journals

Land Registration: When is rectification unjust?

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Juliet Brook examines whether title or rectification takes priority, with reference to Parshall v Hackney ‘The state guarantee of title can only be effective when coupled with the ability to correct mistakes (with indemnities to counteract the loss suffered).’ Of the various principles enshrined within English land law, the state guarantee afforded to registered titles …

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Mixed-Use Buildings: Structure and statute

Lisa-Marie Davison and Sarah Frost advise on the common structures for mixed-use buildings with long residential leases ‘The residential element of mixed-use buildings will often comprise long leasehold interests that have been sold off at a premium, in order to strip value out of the freehold.’ Mixed-use buildings are increasingly common in the commercial investment …

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Rates Mitigation Schemes: Sweet charity?

Business rates mitigation schemes are under increasing scrutiny from the courts. Martin Dawbney and Frances Edwards explain ‘A common mitigation scheme matches a company willing to store items in premises with a landlord with empty property.’ Business rates continue to make headlines with stories such as ‘Business rates have turned high streets into cash cows …

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Inheritance Tax And Property: Tread carefully

Guy Abrahams assesses Buzzoni v HMRC, which indicates the court’s current attitude towards reversionary lease schemes ‘If Mrs Kamhi had not been required by her landlord to obtain covenants from the tenant, and therefore been able to grant Ovalap a covenant-free underlease, it seems that the underlease would have achieved its intended purpose.’ The case …

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Construction Focus: Check the contract

John Starr looks at recent case law on calculating limitation periods in construction claims ‘Aspect v Higgins reinforces the need to keep an eye on limitation periods, especially where some other form of dispute resolution procedure, such as adjudication, is already underway.’ Once a limitation period expires, it is no longer possible to bring claims …

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Conveyancing: Overage, restrictive covenants

Laurence Target considers the devices used to ensure that a seller benefits from any future increases in the value of its land ‘Using modern approaches, we could say that to be enforceable a covenant must preserve the value or protect the amenity of the land it purports to benefit.’ A seller of land may want …

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