Real Property Update: December 2017

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Editors Comment

Kerry Bretherton QC

This final edition of 2017 includes an overview of the key changes introduced by the Neighbourhood Planning Act 2017 by Dan Dovar in his article ‘We want what you’ve got-compulsory purchase in the era of austerity’. It is no surprise that the amendments to the compulsory purchase scheme do not appear to be designed to assist landowners! Dan is described as “superb” and “an incredible advocate” by the Legal 500, while Chambers & Partners note he has “excellent knowledge of property-related disputes.” Dan is co-author of Business Premises (5th Ed), Residential Possession Proceedings (now in its 10th edition), and an editor of the Landlord and Tenant Review as well as a contributor to Chambers’ Service Charges and Management text (3rd Ed). 

Katie Gray has provided the case summaries. Katie is 2013 call and has a vibrant practice appearing regularly in the county court and the First-tier Tribunal (Property Chamber) in relation to service charge, enfranchisement, and Land Registry disputes. Katie also has a particular expertise in agricultural law. 

Chambers will be closed from the afternoon of Friday 22nd December and will reopen on Wednesday 27th December. From all of the barristers and staff at Tanfield Chambers we would like to wish you a merry festive season and a happy new year.

We want what you've got - compulsory purchase in the era of austerity

Compulsory purchase is an option of last resort of public bodies in the interests of the greater good and the owner should be properly compensated for their loss.  New rules seek to iron out some anomalies in the system, but are also likely to reduce the amount of compensation payable.

Read the full article here

December Case Summaries 

Katie Gray provides this months summaries:

Humphery v Rogers (2017)

QBD (Slade J) 23 November 2017
Restrictive covenants; injunctions; damages in lieu

The claimants were the freehold owners of land subject to a restrictive covenant prohibiting the erection of more than one dwelling-house on the land. The claimants wished to build another house on their land.   

Read the full summary here.
 

Patrick v McKinley [2017] EWCA Civ 2068

Court of Appeal
Constructive trusts; proprietary estoppel; credibility; findings of fact

The claimants purchased land, containing garages and a storage shed, to the rear of a Victorian house, part of which was owned by the defendants. A drain ran from the claimants’ land into the sewerage system under the Victorian house. The claimants demolished the outbuildings and built two new houses on the land.  

Read the full summary here.