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Land - changes Print

A few miscellaneous points to note:

Land agreements are currently outside the scope of competition law. But, that will change as from April 2011. What this means is that the parties to any transaction will have to self-assess whether any provision in the agreement is anti-competitive (ie does it have the object or effect of preventing, restricting or distorting competition in all or part of the UK?). Although many will automatically think of supermarkets in this context, it could apply to large estates, and also transactions that are significant within a local area.

The NHS lost its Crown immunity in 1991. Accordingly, rights of prescription (eg rights of light) can arise after 20 years’ uninterrupted use from that date. As far as rights of light are concerned, the interruption by the landowner must be for at least one year and so must be put in place within the first 19 years; however, that 19-year period expired at the end of March 2010, which means that such rights can now be claimed against NHS property (which was not previously possible).

Lands Tribunal fees are set to rocket in October. Reflecting the fact that they had not been increased since 1996, the increases are hefty (eg application to discharge or modify a restrictive covenant: lodgement fee will be £800 (was £200); final hearing fee will be £1,000 (was £350); rights of light certificate applications increase to £1,200 and £1,500 (was £250 and £350)). So, try to get your applications in before 1 October.

May 2010
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