Adverse Possession: The illegality conundrum

Edward Gamble reports on a decision that clarifies whether a squatter in illegal occupation of a residential building can still establish a claim for adverse possession ‘The illegality principle may have to give way to competing public policy interests from time to time.’ Section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act …
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Planning Update: Planning promotion agreements

Planning promotion agreements are becoming increasingly popular with both developers and landowners as an alternative to option agreements. In the first of two articles, Gavin Le Chat examines their workings ‘Many of the key issues which need to be considered in relation to promotion agreements are the same as those which need to be considered …
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Landlord And Tenant: Chattel, fixture or part of the land?

Rachael Donnelly reviews a recent decision, and considers the parties’ specific obligations in relation to items at the premises at the end of a lease ‘If the parties enter into a renewal lease without considering the status of those fixtures, and those items remain in situ, then those items may well become the landlord’s fixtures …
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Construction Focus: An unreasonable refusal

John Starr considers a case where no costs sanctions were imposed despite an unreasonable refusal to mediate ‘In this case, the judge came to the conclusion that the fair and just outcome should be that neither party’s conduct should be taken into account to modify what would otherwise be the general rule on costs.’ In …
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Dilapidations Claims: A Scottish perspective

Graham Reid explores how Scottish law deals with terminal dilapidations claims ‘The general rule is that the true value of any loss should try to be ascertained, and that a number of different approaches and measures of the loss will often be appropriate.’ At Scottish common law, the tenant of a property is generally only …
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Flooding: Opening the flood gates

Andrew Williams assesses the law where property is damaged as a result of something on neighbouring land ‘Even where strict liability can be established according to the principles of Rylands v Fletcher, the rules of remoteness of damage are the same as in private nuisance generally. Accordingly there can be no liability for an unforeseeable …
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Rights Of Light: Questions and answers – part 3

Andrew Francis deals with the more complex rules that lie behind the topics covered in the first two rights of light Q&As ‘Enjoyment may be asserted by lessees even against their own landlord. This rule is unique to rights of light asserted under s3.’ Question 1 What technical rules apply to the acquisition of a …
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Intra-Group Assignments: Where are we now?

James Batham and Thomas Grant QC discuss the recent case of Tindall Cobham v Adda Hotels [2014] and give their views on the law regarding intra-group assignments ‘It is encouraging to see the Court of Appeal in Tindall Cobham recognising the commercial realities of letting transactions underpinned by parent company guarantees, and interpreting lease provisions …
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