PropertyLaw.guru Blog

EG 20-07-19

p. 74 Bizarre Diary story about planning permission granted for 15 flats converted from some grim light-industrial units in Watford - 7 will have NO windows in the gable roof conversion, - PD rights despite the planning inspector commenting that the lack of windows or any natural illumination ‘would not be a positive living environment’. Can’t wait to see the sales particulars for those…That’s PD rights for you.

P.55 Leasehold changes. Yet another article about the proposed reforms to the leasehold system. Other that what has been revealed in previous articles, the proposed definition of 'a house' is examined, and the proposed ability to apply to the FTT for a new manager

P.57 Looks at Labour’s leasehold proposals critically, - a proposed ban on all leasehold!!! (Someone tell Corbyn about the LPA25 and positive covenants please). It points out the huge legislative changes that would be needed, not least a complete revision of common hold, so this is never going to happen, in short.

P.58 Brainy Seitler barrister family debate about whether court is the best way to solve a dispute, or ADR. QC  Dad says yes, daughter says “No, Get with the times, Dad” (really!). Joking aside, a very good summary of the pros and cons of each.

P.60. Reports on Stanning v Baldwin [2019] EWHC 3150, which applied McAdams Homes v Robinson to hold that change of use from one house to 4 terraced was not in breach of the prescriptive easement over a common.

P.61. Planning and populism. Reports on some interesting situations where local resident parties have taken over control of council and may force the planning authority not to comply with the proposed local plan! Making the council in breach of its obligations but the NIMBYs don’t care!

P.62 Property owners prepare for war over 5G roll out. As mentioned before, rents for mobile phone masts have been slashed by the new Telecommunications Code meaning landlords are refusing to grant leases, despite the call for more masts for 5G. There is going to be masses of litigation as big landowners are going to force phone companies to go to tribunal before they give in to grant leases for peanuts. Smaller landlords who can’t afford to fight the big networks will just be stuffed.

P.63 Interesting report on Sahota v Prior [2019] EWHC 1418, an outrageous situation where older couple sold their house (presumably no legal advice sought) for 70% of its value to someone who (advertising in The Sun !) promised them a life tenancy, but gave them a 5 year one and then tried to kick them out at the end! Proprietory Estoppel came to the rescue. Some very dodgy dealings here and it is beyond belief that people don’t get legal or surveying advice.
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