Property Law Library
Boundaries and adverse possession
Deeds, plans and boundary features
Adverse possession and Pye v Graham
Land Registration Act 2002
Acknowledgement of title
Trees and hedges
Business lease renewal
Does the Act apply?
Section 25 notices
Section 26 requests
New lease terms
Easements on renewal
Insolvency of landlord
Registration of claim
Electronic Communications Code
Co-ownership and estoppel
Orders for sale
Legal and beneficial ownership
Pallant v Morgan
Yeomans Row v Cobbe
Assurance and reliance - Thorner
Laches and estoppel
Satisfying the equity
Construing rights of way
Extent of grant
Implied and s62
Increasing the burden
Parking and mooring
Repair to right of way
Right to light
Excluding the right
Sporting and recreational rights
Types of easement
Landlord and tenant (general)
Material compliance and breaches
Repayment of rent
Chattels and fixtures
Change of use
Landlord's obligation to enforce
Construction of lease terms
Schedules and notices
Standard of repair
Damages and s18 cap
Extent of the demise
Section 146 notices
Settlement and discontinuance
Goods left on the premises
L & T (Covenants) Act 1995
Notices - service
Presumption of reality
Time of essence
Rent review notices
Restraint of trade
Service charges and insurance (general)
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Terms of the transfer
Unfair contract terms
Ground rent notices
Right to manage
Manager under 1987 Act
Right of first refusal
Service and administration charges and insurance
Construction of the lease
Service charge demands
Summary of leaseholder's rights
The 18-month rule
Consultation of tenants
Compromise of service charge dispute
Transfer to First-tier Tribunal
Variation of lease terms
Mobile homes and caravans
Limitation and shortfall
Counterclaim and set-off
Time to sell
Duties on sale
Negligence and loans
Solicitor's breach of trust and negligence
Tenants of mortgagees
Nuisance and trespass
Occupation by licensee
Abating the nuisance
Damages - account of profits
Defects in neighbouring property
Party walls (article)
Party Wall (cases)
Change of use
Damages in lieu of injunction
Protection from Eviction Act
Human Rights Act defences
Defective Premises Act
Failure to complete
Gifts of land
Guarantees and indemnities
Land Registration Reform
Misrepresentation and answers to enquiries
Notice to complete
Writing - s2 of 1989 Act
Public access to land
Right to roam
Town and village greens
The main cases
Cancellation of registration
User as of right
Family Intervention Tenancies
Injunctions under 1996 Act
Housing disrepair claims
Notice of disrepair - s11
Defective Premises Act
Liability of landlord
Damages for disrepair
Costs in disrepair cases
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Tenant's notice to quit
Benefit of covenants
Consent to development
Interpretation - breach
Modification and discharge
Variation under s610 of 1985 Act
John de Waal
Tactics and strategy at mediation
Mixed Use Properties
Boundaries and party walls.
Commons and village greens.
Conveyancing and property development.
Long leases and enfranchisement.
Cases and articles
Civil and Tribunal procedure
Neighbour and boundary disputes
Residential landlord and tenant
Statutes and SI's
Property Law Library
March 2019 update
is now available.
Topics this month:
Express and implied easements – Right of Way
Collective Enfranchisement – Initial Notices under s13 LRHUDA93
Community Infrastructure Levy – Commencement Notice; Planning Use – Permitted Development Rights
Modification – s84 Law of Property Act 1925
Solicitors Practice Points:
Law Society Code for Completion; SDLT second home surcharge; Estate Rentcharges
If you do not yet subscribe to the
full Monthly updates
but think you might wish to do so please go to the
Join here page
where you can access samples and see the prices. Access to the full updates is free to students and charities.
If you would like to make arrangements for me to mediate a property dispute please contact my assistant Rosie Torre (
). I am a member of the specialist
The Property Mediators
. My full mediator profile together with those of my mediator colleagues are
For details of property law training courses run by Property Law UK editors go to
page of the website.
The next update will be in the middle of April.
14 March 2019
Right of way – Benefit to other land? - Interpretation –
Arnold v Britton
– Obligation to contribute to maintenance of road
Parker v Roberts
 EWCA Civ 121
The Court of Appeal determined that the High Court had been wrong to find that a landowner, who wished to build a property on land to the rear of a house he owned, enjoyed a right of way over a private road to access that particular parcel of land. The conveyance expressly stated that the right of way attached to other land, which did not include that plot.
On the proper interpretation of a conveyance the subject land did not benefit from a right of way. An easement could also not be implied either on the basis of “reasonable necessity” or that the activity was one that was “reasonably expected to take place in the future” at the date of the relevant conveyance.
Collective enfranchisement - Avoidance scheme
Aldford House Freehold Limited v Grosvenor (Mayfair) Estate
 EWHC 3430 (Ch)
The Claimant failed in its claim for a declaration that it was entitled to acquire the freehold of a building under Chapter 1 of Part 1 of the Leasehold, Reform, Housing and Urban Development Act 1993 (“the Act”). The Second Defendant had taken various steps to prevent the building being collectively enfranchised, including transferring the titles to various underleases of its flats.
There are two cases this month:
Whether a technically invalid commencement notice could be rendered valid by substantial compliance with the spirit and purpose of the relevant legislation?
Whether for the purposes of the General Permitted Developments Order 2015 (SI 2015/596), the definition of a “school” is sufficiently wide so as to incorporate a “nursery”?
Community Infrastructure Levy - Commencement Notices
Shropshire Council, R (On the Application of) v The Secretary of State for Communities and Local Government
 EWHC 16 (Admin)
The Court was unwilling to allow a technically invalid commencement notice to be deemed valid on account of substantial compliance with the spirit and purpose of the commencement notice within the legislative regime.
Permitted Development - School = nursery?
Bright Horizons Family Solutions Ltd v Secretary of State for Communities and Local Government
 EWHC 14 (Admin)
Under the General Permitted Developments Order 2015 (SI 2015/596), the definition of a “school” is not sufficiently wide as to incorporate a “nursery”. Neither the natural meaning of the word, nor provisions in the Order, lend support to any broader definition which would give a “nursery” the same permitted development rights as a “school”.
There are two cases this month:
Whether a restrictive covenant preventing use of land for more than one dwelling could be modified?
Discharge or modification?
Restrictive Covenant - Modification
Application by O’Byrne & O'Byrne under section 84 of the LPA 1925
(2018) UKUT 395 (LC)
When a couple made an application under grounds (aa) and (c) of section 84(1) of the Act seeking to modify or discharge a restrictive covenant in relation to their farm, the Upper Tribunal were convinced that the continued existence of a restriction would impede some reasonable user of the land for public or private purposes (under ground (aa)) but did not allow the application under ground (c) (that the proposed discharge or modification will not injure the persons entitled to the benefit of the restriction).
Modification - Covenants contrary to the public interest?
Millgate Developments Limited v Bartholomew Smith
 EWCA Civ 2679
The Court of Appeal allowed the appeal against the Tribunal’s decision that modification of the covenants should be permitted under the second limb of ground (aa), i.e. on the basis that the covenants were operating contrary to the public interest. It is generally in the public interest that contracts should be honoured and not breached and that property rights should be upheld and protected. It emphasised that the Tribunal should not usually be inclined to reward parties who deliberately flout their legal obligations.
Solicitors' Practice Points
There are three points this month:
Revised Law Society Code for Completion: A revised version of the Law Society Code for Completion by Post has been issued. The new Code will take effect from 1 May 2019.
SDLT Second Home Surcharge: The decision in
P N Bewley Ltd v HMRC  UKFTT 65 (TC)
has confirmed that a residential property which was to be demolished after purchase because it was in such a poor state of repair could not be classed as residential.
Estate Rentcharges: On significant numbers of newbuild developments the cost of managing and maintaining the shared parts are imposed on homeowners by means of an Estate Rentcharge. Amongst other issues this has led to concerns about the impact of the Statutory Rights given to Rentcharge owners by s121 of the Law of Property Act 1925.
Back to top
If you would like to subscribe to the full monthly update please click below.
From £207 + VAT (1 year)
(Free for charities and students)
PropertyLawUK.net Ltd | Co. : 8439359 | Reg Office : 3 Shelbourne Close, Pinner, Middlesex HA5 3AF