PropertyLaw.guru Blog

EG 11-01-20

EG 11-01-20

P.29 Can failing retail parks be resurrected as industrial parks? Examines Prologis' proposed  change of a retail park to a logistics or click & collect hubs to satisfy pent-up demands, and predicts a flood of similar conversions!
p.51 Planning and development issues to look out for. Outlines the main problems overlooked - restrictive covenants, public rights of way, rights to light, easements, CIL,Eutrophication (?!), definition of acceptable planning permission in development agreements….Worth reading!

p.53 Debenahams, BHS, Rent & forfeiture under the CVA regime. Can a landlord still forfeit if a CVA has authorised a rent reduction or closed a store in breach of a keep open covenant? Yes but T can apply for relief at the discretion of the court. Which may be allowed for a short period to allow T to try to assign the lease

p.54 Jigsaws of registered titles and the ‘gaps’ that may be found. IMHO the authors don’t really grasp the general boundary rule even though they mention it - and they are still focussed on the LR red line - which has never and will rarely show the actual legal boundary as numerous LR practice guides point out. Points out the risks of thinking MapSearch is conclusive or definitive. Pre-registration deeds are worth their weight in gold but sadly often have been destroyed by clients or the Land Registry. Mentions problems with highway boundaries and the unreliability of some highways authorities records. Worth a read if you deal with development work.(Also see LLR 278)

p.56 Climate crisis and planning. 11 authorities around the Solent are blocking any more development unless it is ‘nitrate neutral’ to prevent algal blooms in the Solent! 

p.57 Telecoms code 2020. There is going to be a lot more litigation over things like 5g & electromagnetic exclusion zones (sounds scary to me), pre-Code expired agreements, and rights of access by operators. Of concern to all landlords and tenants. 5G is causing a lot of problems 

p.58 Tenant insolvency in Scotland. Outlines the key differences in Scots law to English law in this area

p.59 Management orders. Urwick v Pickard UKUT 365 - failure to register a management order under pt 2 LTA87 meant the collective enfranchisement nominated purchaser took free of it!

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