September 2017 #354 – Law Journals

CICTs And Section 2: Some thoughts from the Bar

Amanda Tipples QC examines the interaction of common intention constructive trusts and proprietary estoppel in light of the decision in Matchmove v Dowding ‘For a party to succeed on a claim to enforce an oral bargain in respect of land, coupled with reliance and detriment, it needs to base its case on a common intention …

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Case Study: Enforcement of planning obligations

Matt Hutchings QC considers some of the lessons to be learned from his experience of acting for the London Borough of Southwark when enforcing s106 agreements ‘The use of third-party funding in the context of affordable housing obligations in s106 agreements has not obtained the same level of publicity it has in a right-to-buy context.’ …

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Tenancies At Will: Holding over

Emma Pinkerton and Sarah Moore explain how to best deal with occupation when a contracted-out lease comes to an end ‘Landlords usually want to avoid an implied periodic tenancy, as a periodic tenant can acquire protection under the 1954 Act and it can be difficult for the landlord to decide how much notice to give …

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Basement Developments: Going underground

John Midgley reviews the issues surrounding basement extensions by leaseholders ‘If the lease states that there is a limit to the area demised, any construction into the subsoil may amount to a trespass.’ Basement excavations have been popular for some time in areas where residential property is in high demand – especially as modern techniques …

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Construction Focus: Limitation, limitation, limitation

A recent case demonstrates the importance of clear wording when drafting a standstill agreement, as John Starr finds out ‘The principal argument between the parties was whether, on the true construction of the standstill agreements, they operated to suspend time for the purposes of limitation, or to extend time for those purposes.’ Parties continue to …

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Planning Update: CIL – is the self-build exemption achievable?

Rachael Herbert discusses the CIL regulations’ exemption and highlights its deficiencies ‘While an unexpected Community Infrastructure Levy (CIL) liability of tens of thousands of pounds will have serious consequences for most developers, it is exceptionally damaging to a self-builder.’ The Community Infrastructure Levy (CIL) regime ushered in by the Community Infrastructure Levy Regulations 2010 has …

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