Below are the summaries for the latest Property Law UK update:
Easements
Section 62 – user required: In order to establish that an easement has been created under s62 of the Law of Property Act 1925 it is necessary to establish that there was actual user of the putative servient land by the putative dominant land prior to the division into two estates. This case concerned a claim to an equestrian right of way by one owner over the neighbour’s land. It failed because there was no evidence of bridleway use prior to the division of the estate. More…
Mortgages
Defective security: The High Court has a statutory power to appoint receivers by way of equitable execution under s 37 Senior Courts Act 1981 in all cases where it is just and convenient to do so. On the facts, it was appropriate to do so where the lender was left with defective security and could not appoint Law of Property Act receivers. More…
Planning
Conservation area: The decision of a local planning authority to designate Limehouse Cut as a conservation area was quashed. More…
EIA – demolition: Demolition works in and of themselves are capable of being a "scheme" for the purposes of Article 1.2 of Annex II to Directive 85/337. More…
Enforcement – immunity: The Supreme Court allowed an appeal against the decision of the Court of Appeal and held that it was not correct to issue a certificate of lawfulness in respect of a hay barn that had been used as a dwelling. Misleading statements that prevent discovery of breaches of planning control will lead to an inability to rely upon the statutory provisions relating to immunity from enforcement.. More…
Enforcement – taking technical points: Technical points are not likely to defeat enforcement notices. More…
Property litigation
Residential property tribunals: Jurisdiction in respect of the Mobile Homes Act 1983 has been transferred to Residential Property Tribunals. The procedural rules have been amended to include reference to the new powers of the Tribunal in relation to the 1983 Act. More ..
Warrants of possession – notice to occupiers not needed: Where a claimant is seeking to enforce an order for possession in the High Court there is no requirement to give notice to an occupier of the date for eviction. An application by the evicted occupiers to re-enter the premises, after a possession order had been executed, was refused. More ..
Property transactions
Contract – s106 agreements: A third party who benefits under a s106 planning obligation is not able to enforce it directly by way of an application for declaratory relief – the appropriate proceeding would be a challenge by way of judicial review. More…
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