PropertyLaw.guru Blog

EG 24 November 18

This week's EG comes with the quarterly Property Auction Buyers' Guide. Worth getting a copy and giving it to clients who can't keep their hands in their pocket at an auction and don't see the point of having you look at the auction pack before they buy it. This edition has articles on what's hot and what's not, buy to let health check, short leaseholds, online auctions, commercial lending, what to invest in and the shape of UK commercial property. DEFINITELY worth reading if you have any interest in property.

Turning to the EG itself, there the non-legal section has articles on all the proposed developments around Birmingham, and the legal articles are:

p.69 - Review of the planning measures announced in the Budget on housing delivery and the possible to capture land value uplift (does anyone remember Development Land Tax?) by using changes to CIL. Something to consider when dealing with residual value calculations on conditional contracts options and overage

p.71 Trees and Rights to Light. Did you realise that trees are treated differently if deciduous or evergreen in right to light assessments for the BRE guides - should they be taken into account in common law claims??

p.72 Pre-emptively protecting property? What options are open to owners of land vulnerable to fly-tippers and trespassers. Reviews what you need to show to get an injunction, and the courts recent attitudes to recent claims of rights to freedom of expression by protestors.

p. 74 Telecommunications Code points, looking at the first case under the new code, Cornerstone v Uni of London and the powers where the Uni didn't want a mast on their accommodation block but was ordered to allow a survey and another case where the landowner wanted a mast moved

p.75 Article making the point for execution of deeds to be dragged into the modern age, allowing e-signatures

p.76 Task Force of Climate-related Financial Disclosures anyone? Calling for property owners to do more on sustainability

p.77 Property Guardians. Are they 'Street v Mountford' tenancies or licences? A recent case Camelot Guardian Management v Khoo held that the claimant was a mere licencee. Looks at the key points to distinguish licences from tenancies
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