Posted by Hesham Sabry Apr 6th, 2009, in Property
From 6 April 2009 there will be some key changes being made to the Home Information Pack (HIP) requirements relating the to the sales of homes in England and Wales.
1. A HIP must be available on the first day a property is marketed
2. A Property Information Questionnaire, completed by the seller, must be included in the HIP
For the uninitiated, a HIP is essentially a collection of key documents which must be compiled by the seller of a property to assist potential buyers. (more…)
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Posted by Kate Thompson Mar 9th, 2009, in Property
The law of restrictive covenants is a complex area and a mystery to many landowners, some of whom believe that restrictive covenants cannot be challenged, however, this is not the case.
Restrictive covenants affecting land arise out of an agreement that one party will restrict the use of its land in some way for the benefit of another’s land. The restrictive covenant is capable of being enforceable by one party’s successors in title against the other’s successors in title, as well as between the original contracting parties. Therefore, if your property is subject to a restrictive covenant and you wish to modify or develop it, you may discover that you are prevented from doing so if the covenant remains on the title. (more…)
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Posted by John Chesworth Feb 2nd, 2009, in Property
A recent High Court judgment serves as a reminder to landowners of what are commonly referred to as “squatters rights”. Alston v BOCM concerned land owned by BOCM which had been farmed by Alston for a number of years. When BOCM wanted to get possession of their land back, Alston claimed that they had acquired the land due to the length of time they had been in occupation under the legal principle of adverse possession. The surprising aspect of this claim was that Alston had been granted a favour by the original owner, allowing them to use the land rent free, and a change in ownership of the land was the trigger for Alston becoming a squatter and ultimately gaining ownership. (more…)
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Posted by John Chesworth Jan 19th, 2009, in Property
The majority of businesses need premises to operate from, whether they be for offices, workshops, factories or storage facilities. While some businesses own the premises they operate from, most occupy under a lease paying a market rent. But, there is more to a commercial lease than the payment of rent and the answers to the following commonly asked questions will give potential business tenants some useful guidance:- (more…)
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Posted by Communications Director Jun 27th, 2008, in Property
Recent government proposals have stated that listed buildings are to be renamed as registered heritage assets. This legislation will see the term “listed building” scrapped in England. Under the proposed changes to the draft Heritage Protection Bill the new system will have the same Grade I, Grade II* and Grade II designations, but buildings and monuments alike will be called registered heritage assets.
This change should be very much welcome, as although the present system has served us well, it has grown over the last 100 years through incremental legislation. Today, it is a system that is over-complicated, with confusing overlaps, and hard to understand. Hopefully, any reform will simplify the system and bring greater efficiency and effectiveness, and also add clear and visible accountability. There still remains a vast amount of complex laws regarding historic buildings, which can prove a minefield for people looking to renovate listed buildings, so its is vital to get expert advice to make sure any alterations are done correctly. It is particularly relevant where historic buildings are being converted into apartments or offices, which must not only ensure that the renovations are in keeping with the building, but also comply with a variety of planning, health and safety, fire and access legislation as well.
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