June 2011 #272 – Law Journals

Planning Enforcement: The house within a barn

David Myers assesses a planning case where a blatant attempt to disguise a residential home as a barn proved to be ultimately unsuccessful ‘What is clear is that the local planning authority now has a clear precedent for taking enforcement action following the dishonesty of an applicant, which is not restricted by any statutory time …

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Village Greens: Judgment in favour of developers

Sally Farrall exposes the problems inherent in attempting to register land as a village green when it has already been appropriated by a local authority for planning purposes ‘Where land was either acquired by a local authority for planning purposes, or was acquired by a local authority for some other purpose but was subsequently appropriated …

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New Buildings: Dealing with defects

Who owes responsibility, and how is any defect best resolved? Andrew Philip analyses the options ‘The original developer may owe continuing obligations to procure the making good of defects at no cost to a tenant or purchaser during the relevant rectification period (usually 12 months after practical completion of the building).’Generally, when we purchase cars, …

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Construction Focus: Wheels of confusion

John Starr reviews the current state of play on Tolent clauses as well as a case concerning the calculation of an architect’s fees ‘A drafting anomaly after seven years of consultation is surprising, to say the least, and, unless there is some attempt at redrafting before the Act comes into force, there is going to …

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Rentcharges: Redemption issues

Keeley Ellaway explains why preparation is key to a fast and efficient sale when dealing with property subject to a rentcharge ‘A rentcharge is a sum of money, payable either annually or biannually and is a charge on land. It was usually created in a conveyance or transfer.’If a seller’s title is not kept clean …

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Leasehold Enfranchisement: When is a building self-contained?

Purchasing the freehold of a building can have added complexities when the building concerned is a mansion block. Lucy Barber looks at a case that brings hope to tenants ‘The decision in Craftrule has given tenants more flexibility and more opportunities to exercise their statutory rights of enfranchisement. A claim can be made by whatever …

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Landlord And Tenant Update: Penalty clauses

Nathan Searle and Kate Wilford explain the importance of watching out for potentially unenforceable penalty clauses and suggest some ways of tackling these issues. ‘There is no longer a clear dichotomy between unenforceable penalty clauses and enforceable liquidated damages clauses.’A penalty is a clause designed to deter a breach of contract, by providing for a …

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