October 2012 #298 – Law Journals

Planning And Environment Update: Planning for growth

Matthew Mainstone discusses the government’s measures to boost house building ‘While these proposed changes seem promising in many respects, there is little detail in the measures that have been announced, and they have been received with varying degrees of enthusiasm and scepticism.’ In a year that has witnessed a complete overhaul of the planning system …

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Lease Break Options: Heading for certain breakdown

Marie-Louise Gobbi investigates recent judicial interpretation of lease break options ‘In the difficult economic climate of recent years, many tenants have sought to extricate themselves from lengthy lease terms.’I started researching this article with the assumption that it would be a fairly standard round-up of recent cases concerning the tricky operation of lease break options. …

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Construction Focus: Letters of intent: uncertainty breeds dispute

John Starr reviews a case highlighting the dangers of failing to progress beyond letters of intent when proceeding with a project ‘While it might be fanciful to expect those in the construction industry always to heed Lord Clarke’s advice, they should nevertheless be alive to the dangers.’ It has long been known by the construction …

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Flat Management Companies: Up to the task?

The requirements of flat management companies are evolving. Matt Ashley assesses their suitability for managing modern schemes ‘Managing community assets requires wider participation, so there is a need for other parties to be directors and members of the company to bring in additional skill sets.’The traditional flat management company that manages a block of flats …

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Land Charges: Selling repossessed land

Paul Pinder examines a Court of Appeal decision on the interpretation of documents held by the Land Registry ‘The publicly available documents held by the Land Registry therefore omitted to state what was owed and did not refer to the extended power of sale.’ In the recent case of Cherry Tree Investments Ltd v Landmain …

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Chancel Repair Liability: A year in the life

Amanda Bottaro explains the effect of forthcoming changes in legislation and why property lawyers need to keep a close eye on the approach taken by parish councils ‘Much of the opposition to chancel repair liability stems from its status as an “overriding interest”, which means that the liability binds the property even if there is …

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Developing Charity Land: Opportunities and pitfalls

Jennifer Hotston and Sarah Chiappini consider the different ways of structuring a transaction when a charity is selling or developing land ‘Selling land for development requires a balance between the charity wanting to maximise its revenue and the developer wishing to pursue a commercial venture.’If a charity is considering selling or developing land in order …

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