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Property Law Library

This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.

The Property Law Library is continually updated from the monthly updates.

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Repossession

The High Court set aside a 'quick sale' agreement designed to avoid repossession, with some stark words of warning about the business model being used!
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Telecoms Multi-Skilled Visits: site providers may be entitled to ‘more than nominal consideration’

Covent Garden IP Ltd (the site provider) purchased an office building known as Alder Castle in the City of London in 2019. In 2021, Cornerstone Telecommunications Infrastructure Limited (the operator) identified the building as a possible replacement site for telecommunications apparatus, which it had been required to remove from another building in the vicinity. The site provider was initially cooperative and permitted the operator to undertake a survey to assess the suitability of the building for a telecommunications installation, known as a multi-skilled visit ("MSV"); however, when the operator later requested access for further investigations, the site provider was busy with a costly and extensive refurbishment project for the building and less responsive. In October 2023, the operator served a notice under paragraph 26 of the Electronic Communications Code, requesting an interim rights agreement to allow this further MSV. When the request was ignored, the operator later applied to the First Tier Tribunal ("FTT") to impose these interim rights. The FTT is statutorily bound to determine these applications within 6 months. The MSV agreement was not opposed in principle by the site provider, but the parties could not agree on certain terms, including the consideration payable under it, representing the market value of the site provider's agreement to confer: the site provider sought £2,000, but the operator offered only £1. The FTT directions allowed either party the ability to apply for permission to rely on expert valuation evidence. The site provider made this application less than 4 weeks before the hearing. The FTT judge refused permission on the basis that, because this was an MSV case only and the Tribunal had consistently made only nominal orders for consideration, the application was "misconceived". On 24 July 2024, the FTT imposed an agreement on the parties for the interim rights requested, with consideration payable of £1.
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