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Education Charity Overcomes Restrictive Covenant in College's Title Deeds

Restrictions on the use to which properties can be put are often to be found in their title deeds and, in some cases, can have a dramatic impact on their value. A High Court case on point concerned the future of a further education college that was already...

Outdoor Advertising, Light Pollution and a Legal Battle Over a Bus Shelter

Light pollution generated by hi-tech digital advertising displays can be a source of bitter complaint. However, such concerns were insufficient to persuade the High Court to overturn permission granted for the inclusion of one such display in a proposed...

Commercial Landlords Hit Hard in Gym Clubs' COVID-19 Restructuring

The COVID-19 pandemic has prompted the restructuring of numerous businesses and that can mean commercial landlords having to take severe financial haircuts. That was certainly so in the case of a once successful chain of gyms whose business was devastated...

Renewal of Commercial Leases - It Can All Come Down to Judicial Discretion

A commercial landlord may, for any number of reasons, be keen to see the back of a tenant. However, as one case showed, the question of whether a business tenancy should be renewed can in the end come down to an exercise of judicial discretion. A company's...

Landmark Golf Course's Status as Asset of Community Value Upheld

When a property is registered as an asset of community value (ACV) under the Localism Act 2011 the result can be a major headache for would-be developers. However, as a case concerning the future of a much-loved former golf course showed , overturning...

Hard-Up Landlord's Rent Repayment Order Slashed

Any residential landlord who lets out a property without a required licence commits a criminal offence and can expect to be hit hard in the pocket. The law is not a blunt instrument, however, and the Upper Tribunal (UT) emphasised in a guideline case that...

Property Information Forms - Inaccurate Answers Cost Developer

Property vendors are nowadays routinely required to fill in lengthy information forms, giving answers to a multitude of questions that may be important to a purchaser. That task may seem mundane but, as a High Court ruling showed , it is vital to perform it...

Assessing Development Potential is Not Just Crystal Ball Gazing

Development potential is often a critical factor when it comes to calculating amounts of compensation payable to landowners whose property is compulsorily acquired to make way for public infrastructure projects. As an Upper Tribunal (UT) ruling made plain ,...

Business Interruption Insurance Disputes - Is Arbitration Obligatory?

Many commercial property occupiers whose businesses were interrupted during the COVID-19 pandemic remain in dispute with their insurers regarding to what extent, if any, they were covered against such losses. In an important ruling, the High Court found...

Compulsory Purchase - What Happens if a Landowner's Identity is Unknown?

Many nationally important infrastructure projects would simply not get off the drawing board were public authorities not equipped with the power to compulsorily purchase private land for the public benefit. When it comes to paying compensation, however, what...
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