PropertyLaw.guru Blog

EG 05-01-19

Lots of predictions on the market for the coming year, such as 1) The Midlands is the place to invest, 2) Turbulent year ahead for Retail,  3) Increase in developers building to rent not sell!

P. 49 Predictions of the legal year ahead. Supreme and other court hearings are in the pipeline on issues such as enforceability of of restrictive covenants, rights of light, CVAs, proprietary estoppel, the Telecommunications Code,  and other areas - watch this space!

P. 51 Capital Gains for CGT start from exchange of contracts not completion, hence a long period on an off-plan purchase before completion was not relievable under  the main residence relief! Leaving a CGT bill on such a flat of £61,000. Suggestions for the future include making the contract conditional.

P. 52 Planning law predictions for 2019. Permitted development rights extensions to change to office use. PD rights for upwards extensions. And others..

P. 54 Practice points. Firstly the Rashid case, ruling that bad people (fraudsters) are entitled to the benefit of the limitation periods for the purposes of squatting claims!

P.55 Development Agreements and tendering. Following the Faraday case where a tendering process by a council was held to be in breach of public procurement rules, the article explores the impact of that decision on development agreements

P.56 Looks at the definition of Market Value as referred to in Red Book valuations, which it is proposed to be slightly changed by redefining the meaning of ‘arms-length transaction’ which could be important for anyone dealing with conditional contracts or overage deals, at the very least.

P.57 A new species of easement. Looks at the decision in the Regency Villas case extended the concept of easement to include the right to use indoor and outdoor sporting and recreational activities at a golfing complex.
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