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Mental illness and tenants
MODERN HEALTH POLICY IS THAT THOSE WHO suffer from mental illness should take such part as they can in society, rather than being institutionalised... Read more...
Code of Conduct – acting for lender and borrower
The rules on acting for a lender and a borrower in a conveyancing transaction were previously in r6(3) of the Solicitors Practice Rules. However, th... Read more...
Administration: The landlord's tale...
Can a landlord faced with a statutory moratorium still be granted leave to forfeit? Maria Connolly assesses some judicial guidance on the matter. Read more...
Registered land
Rates - administration
As from the start of April, companies in administration are no longer liable for rates on empty properties. This applies to the whole time the company is in administration.
Notice - removal
What can you do if someone wrongly enters a notice against registered land?
Remortgage – overriding interest
How are the rights of a person in actual occupation affected when a property is remortgaged by the owner?
Occupation – overriding interests
The law on overriding interests underwent major change when LRA 2002 was introduced on 13 October 2003. Under the old law (s70(1)(g) LRA 1925) protection was given to the rights of ‘every person in actual occupation of the land or in receipt of the rent and profits thereof, save where an inquiry is made of such person and the rights are not disclosed’.
Boundaries – OS maps
Be wary of using an OS map to define a boundary. As the CA has recently made clear, OS plans offer ‘an uncertain guide as to the precise boundary line’.
Boundaries – rectification
The LR has power to alter the register to correct a boundary error, but this can be refused if there are ‘exceptional circumstances’ that justify not altering the boundary. A recent case illustrates how this can work. A home owner had built a garage on a strip of land that was shown on his filed plan as being included in his registered title.
Land Registry – position of entries
Continuing computerisation of LR entries means that the future order and position of some entries in the register will change. There will be no change to existing registers, and entries will be fixed in place (ie they will not be moved on subsequent applications). But in the future, entries will no longer be positioned in a particular place among existing entries as a result of a dealing application.
Land Registry - changes
Two important points to note:
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