the Property Law website
Maintained by Gary Webber, barrister


Monthly Summaries

October 2012

This page contains summaries of the material in this month's update pages. For the full update use the contents box on the side or use the drop down menu at the top of the page. To download the update as a newsletter in a pdf or word format go to the download page.

To see the membership prices click here. For samples of the downloads click on: PDF version or Word version.


Adverse possession

Trespassers - new criminal offence - relationship to adverse possession: As is widely known, a new law has been passed which makes it a criminal offence to squat in residential property. The provision came into effect on 1 September 2012 and at least one person has already been sent to prison under it. An interesting question arises as to the relationship between this section and the ability of trespassers to acquire title under the provisions of Schedule 6 of the Land Registration Act 2002. More...

Long leases

Collective enfranchisement: This case concerned the deferment rate for leases with 0-5 years left to run. The main argument of the nominee purchaser was that the deferment rate adopted by the Upper Tribunal in respect of leases with this length of unexpired terms wrongly ignored the possibility of a continuing tenancy under Sched. 10 the Local Government and Housing Act 1989. The appeal was dismissed as the Upper Tribunal had worked on the basis of a concession from the nominee purchaser that the landlord would be able to obtain possession at the end of the term. More...

Right to manage: By s88 of the Commonhold and Leasehold Reform Act 2002 an RTM company is liable to pay the landlord’s reasonable legal costs. In this case the landlord had employed a company (E&M) to prepare counter notices. The LVT disallowed the fees charged by E&M as they were not a firm of solicitors. The Upper Tribunal (Lands Chamber) allowed the landlord’s appeal against that decision. More...

Service charges: Liability to a service charge in respect of a flat, that had previously been bought under the right to buy scheme, was limited to the amount set out in the landlord’s s125 notice as a result of an estoppel in the case. However, as a matter of principle it is possible to “straddle” costs over a period that falls within and outside the five year period referred to in s125 of the Housing Act 1985 – which limits the amount of service charges. More...

Nuisance

Tree roots: A house had been damaged by tree roots. The court held that the owner of the trees was responsible for the damage due to a defective pruning regime. Tree root cases are not subject to any special principles but are governed by the law of negligence and nuisance. More...

Property transactions

Contract - s2 of the 1989 Act: The effect of s2 of the Law of Property Miscellaneous Provisions Act 1989 is that an agreement varying an existing sale contract must also comply with the section. If an agreed term is omitted the section will not have been satisfied. More...

Perpetuities: A right of pre-emption granted on or after 16 July 1964 but before 6 April 2010 has a maximum perpetuity period of 21 years from the date of grant. More...

Public access

Town and village greens: A refusal to register land as a town and village green had been based on flawed reasoning of an inspector that the use by locals had not been “as of right” due to implied permission. More...


The next update will be in early November 2012.

Gary Webber
5 October 2012
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To access full details in relation to each topic click on the appropriate links in the section contents box on the side. You can also use the drop down menu at the top of each page. To download the full update as a newsletter in a pdf or word format go to the download page.

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