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Rugby Club's Expansion Plans Not Inhibited by 1922 Restrictive Covenant

Land is often sold subject to restrictive covenants that inhibit the use to which it can be put. As a guideline Court of Appeal ruling showed , however, the distinction between restrictions that provide a personal benefit to the vendor alone and those that...

Empty Cinema Blaze Triggers Landmark Court of Appeal Ruling

When marketing commercial premises, they obviously have to be made available for inspection by prospective buyers, tenants or their representatives – but to what extent, if any, do such visitors owe the property owner a duty of care? The Court of...

Companies and the Concealment of Land Ownership - High Court Ruling

A bewildering array of corporate structures is all too commonly used to conceal the real ownership of property. However, as a High Court case showed, judges are well versed at finding their way through the maze and uncovering the true position. The case...

Affordable Housing Shortage Proves Decisive in High Court Planning Case

The chronic shortage of affordable homes is a powerful driver in favour of permitting building projects that might otherwise be considered objectionable. The High Court made that point in upholding planning permission for residential development of a...

The Legal Status of Property Guardians - Court of Appeal Clarifies the Law

The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is now widespread – but what is their status in law? The Court of Appeal considered that issue in a guideline case . ...

Housing Project Survives Historic Airfield Owner's High Court Challenge

Operators of noise-generating businesses sometimes have good reason to fear the consequences of residential development nearby. In one case, however, planning permission for construction of 79 new homes on a site adjoining a historic airfield survived a High...

Renewal of Commercial Leases - Intention is More than Mere Contemplation

The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords 'intend' to occupy the premises for their own business or residential purposes. However, as a High Court ruling made clear, the concept of...

COVID-19 - Retailer Unlawfully Refused Government Financial Support

If you run a business and feel that you were wrongly denied government financial support during the COVID-19 pandemic, you should contact a solicitor straight away. A small fashion retailer who did just that succeeded in a High Court challenge . The...

Is Your Lease Under Threat of Forfeiture? Don't Delay Consulting a Solicitor

Tenants who fail to pay their rent on time place themselves in real danger of having their leases forfeited. As a Court of Appeal ruling showed , that risk exists no matter how small the arrears and no matter how short the delay in payment may be. The case...

High Court Steps In to Unwind Former Friends' Joint Property Venture

Friends who go into business together sadly often forget that personal relationships do not always stand the test of time. Trust alone does not provide a firm foundation for such ventures and, as a High Court ruling showed, legal formality at the outset...
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