June 2011 #273 – Law Journals

Easements And Covenants: All change

Dellah Gilbert discusses the changes proposed in the recent Law Commission Report, including proposals for a new Law of Property Bill ‘Few would dispute that these areas of law require comprehensive reform and that the Commission’s attention is long overdue. The questions to address are whether their recommendations will work and whether they are sufficiently …

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Vacant Possession: Where are we now?

Daniel Cuthbert and Carl Roche assess the current state of play with regards to break clauses that are dependent on vacant possession ‘It is clear that the court has retained a significant amount of discretion for the purposes of considering vacant possession. Consequently, there remains some uncertainty as to what is required in order to …

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Occupations By Protesters: Finding the balance

Edward Gamble examines the issues that arise in disputes between owners and occupiers and occupying protesters ‘Trespass is a civil wrong, not a criminal offence, and the police only have limited powers to deal with protestors on private property.’We live in a time of protest. A wide range of issues from public sector spending cuts …

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Manorial Rights: Deadlines for manorial title holders

Paul Stafford looks at the registration requirements introduced by the Land Registration Act 2002 ‘The position before the LRA was that registration of manorial rights was significantly incomplete in terms of identifying the existence and location of lordship titles.’The Land Registration Act 2002 made the preservation of manorial rights after midnight on 12 October 2013 …

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Leasehold Enfranchisement: A question of marriage value

Should valuation of the tenants’ interests on a collective enfranchisement take account of the 1993 Act, or assume a ‘no Act world’? Natasha Rees considers a Court of Appeal decision on the issue ‘The marriage value is, essentially, the increase in the value of the freehold attributable to the ability of the participating tenants to …

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Budget 2011: REIT good news

Dan Hawthorne and Lydia Hutchinson explore the current UK REIT regime and the likely impact of the proposed changes introduced by the Budget ‘The attractions of an onshore investment vehicle, particularly from a regulatory and investor perception perspective, are considerable but, at present, do not outweigh the practical benefits of being offshore.’The 2011 Budget contained …

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