PropertyLaw.guru Blog

EG 22-02-20

p. 34 Cannabis farming- Savills set up a project to identify suitable locations for *medical* cannabis farms! Which use class does that fall into. And would it be in breach of the ‘no-illegal or immoral user’ clause?

p.40 Mainly for Students article about the basics of Government fiscal policy - GDP, base rates, exchange rates and so on. Worth a read..

p.49 Multi-party Joint Ventures. Excellent outline of the key challenges in successfully negotiating such deals, including the identity of the parties and their level of knowledge or risk aversion, what is the equity split, how are material decisions made (what different types of parties core drives would be), having ‘future proof agreements’, deadlocks, shoot-outs, pre-emption rights, default, etc.

2020 is a leap year! 29th Feb is only a few days away (luckily it is a Saturday) ..What are the effects - leases, break options, anniversaries, apportionments, the fact (I didn’t realise this) the SPC deal with it differently from the SCPC, and fraud risks on dating documents. Keep this and read it every four years.

p.52 Insolvency & landlords, rent, expenses = are they payable as an expense of the liquidation and/or an administration? The Lundy Granite principle - if its being used L should be paid the value of the property. Is rent an expense of the administration? Rent deposits, dilapidations, service charges, etc. Worth reading.

p.54 Diverting public rights of way (PROWs). Definitive Map Modification Order (a DMMO) & the R v Roxlena (ex p Cumbria CC 2019 CA case. Good article setting ou the legal background to such applications, how public rights of way arise, the approach CCs should take when considering making a DMMO, the standards of evidence needed, Bad news for land owners, generally.

p.56  County Courts system - 93% of Property Litigation Association solicitors consider it is not fit for purpose and falls below a workable standard!! Time taken to process correspondence, failure to answer the phone, unhelpful and poorly trained staff, appalling and surly service, errors. Whats worse 82% of clients were advised not to bother complaining ! Will anything change, personally I doubt it. Its all very well telling clients they can sue the other side in a transaction but it could be impossible or pointless..

p.57 Use of Video witnessing - Yuen v Wong FTT Jan 2020 concerned the witnessing by a solicitor, by video link, of their client signing a transfer, and then subsequently attesting as witness to it. Did this work for s.1(3)  LP(MP)A89 as being ‘in the presence of a witness who attests his signature? The judge held not, and that s.1(3) did not cover witnesses who were virtually but not physically present.. (But what of last years Neocleous v Rees decision?)

p.58 Case Summary - Fearn v Tate Gallery - CA - there is no right of privacy that is protected by the law of nuisance. Mere overlooking does not give a right to a cause of action in private nuisance. Very important decision these crodwed days. [2020] EWCA Civ 104 for more information 
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