 Prompted by his involvement in recent rights of light cases,
such as Regan v Paul Properties and RHJ Ltd v FT Patten,
Andrew Frances argues that the area is ripe for reform
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Rebecca Davies-Jones examines the rules that determine
where the legal boundary will lie when water is involved.
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The normal rule is that a right to light can be acquired by prescription after 20
years. But, Prescription Act 1832 says that the right to light will not arise if the
light ‘was enjoyed by some consent or agreement expressly made or given for
that purpose by deed or writing’.
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Section 2 Law of Property (Miscellaneous Provisions) Act 1989 says that any
contract for the sale of land must (i) be in writing, (ii) incorporate all the
terms the parties have expressly agreed in one document, and (iii) be signed
by both sides.
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The SDLT rules on shared ownership homes have been simplifi ed. This has
been done by abolishing the ‘£600 rule’ for residential leases. Under the £600
rule, if the annual rent under a lease was more than £600, then SDLT applied
at 1% of the premium (even if that was below the SDLT threshold – £125,000,
or £150,000 in a disadvantaged area).
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The government has made it clear that it intends to abolish the status of ‘tolerated trespasser’, and to restore tenancy status to all existing tolerated
trespassers. This will be done via the Housing and Regeneration Bill.
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A reminder of the rules on boundaries that abut tidal waters (whether the
sea or rivers):
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The Contracts (Rights of Third Parties) Act 1999 has proved to be a damp
squib. Whilst it is an Act of enormous potential it has largely been killed off at birth by standard contractual clauses that exclude it from applying.
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As the number of vehicles increases each year, so the pressure on parking spaces grows. To what extent can L alter or change the parking arrangements, by introducing new parking regs for Ts? In Montrose Court [2006] the CA gave a green light to an L who wanted to introduce new, restructured, parking regs.
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Ts of flats held on long leases, once they have owned their flats for two years, have a right to claim an extended lease of 90 years (Leasehold Reform, Housing and Urban Development Act 1993).
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Two points to note:
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The number of insolvency-related sales is likely to increase. When dealing
with a purchase from an insolvency practitioner the buyer will usually have to
accept a lower level of legal protection. For instance, there will usually be no
covenants, warranties or indemnities in favour of the buyer, and the IP may
well refuse to answer any pre-contract enquiries.
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 Preparations are in hand for implementing
some important Regulations in England and Wales –
the Energy Performance of Buildings (Certificates
and Inspections) (England and Wales) Regulations
2007 (the 2007 Regulations). In January, to assist
the process, the Department of Communities
and Local Government published guidance for the
construction, sale and letting of buildings – entitled
‘Improving the Energy Efficiency of our Buildings’.
But what is it all about?
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 James Driscoll raises further issues arising from the recent
House of Lords decision in Majorstake relating to a landlord’s
right to oppose a leaseholder’s claim for a new lease.
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Section 7(1) Powers of Attorney Act 1971 covers attorneys who are not
individuals. The basic rule is that a corporate attorney can execute a
deed in the same manner appropriate to the corporation on whose
behalf he is executing the deed. A company can therefore execute on the
donor’s behalf (i) by using its own common seal; (ii) by the signature of
two authorised signatories (ie two of its directors, or a director and
secretary); or (iii) by the signature of a single director in the presence of
a witness who attests the signature.
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What happens if the seller gives a signed transfer to the buyer, even
though the full price has not been paid; can he argue that the deed was
sent in escrow (ie conditional on the rest of the money being paid)?
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If you are acting for a buyer who may want to sub-sell, then check that it
will be permitted under the terms of the contract. Whilst such a right to
sub-sell is automatically implied at common law (ie requiring the seller
to execute a transfer to the buyer’s nominee – such as a sub-buyer), that
is usually excluded. Standard Condition 1.5 says ‘the buyer is not
entitled to transfer the benefit of the contract’ (and there is identical
wording in Standard Commercial Property Condition 1.5.1).
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