News
Is a box sufficient to comply with the ‘occupation’ to avoid paying non-domestic rates on the empty property?
The High Court considered the application of anti-avoidance principles to established practices in non-domestic rating (NDR), specifically addressing the "box scheme" approach to vacant
A significant value gap may not be enough to establish negligence.
The Court of Appeal (CoA) confirmed that even a significant divergence in valuation does not automatically equate to a finding of negligence.
Background:
Mr. Bratt owned a site in Oxfordshire which
A paper-thin presence is no ground to defeat a repossession when “actual occupation” is on paper only
The High Court recently considered the nuanced requirements for establishing actual occupation as an overriding interest capable of taking priority over a mortgage.
Background:
Mrs. Hevedi has been
The devil is in the detail: Ensure that a private lane can be adopted as a public highway
The High Court has recently delivered a stark warning to property developers and landowners about the importance of clearly defined and achievable obligations when it comes to the adoption of estate
When regulatory breaches impact property ownership rights
The High Court looked at a case where an unauthorised person entered into a regulated sale and rent-back agreement (SARBA) and whether the successor in title was bound.
Background:
Mr. and Mrs.
Unjust enrichment claims and improvements to property within familial relationships
The High Court heard an appeal against a court order that dismissed a claim against the appellant’s mother and half-brother.
Background:
David Jones, the appellant, claimed that he was entitled to
Do oral boundary agreements bind successors in title?
The Court of Appeal (CoA) was faced with the question of whether a boundary agreement binds successors in title and, if so, only if they have knowledge of the agreement.
Background:
Mr. White and
Service charges are payable after they have been properly demanded
The Court of Appeal (CoA) clarified the jurisdiction of the First-tier Tribunal regarding service and administration charges under lease agreements.
Background:
The lease dated March 2006 was
Mobile homes can be subject to Council Band D Tax
The High Court heard an appeal challenging the council’s decision to place a mobile home in a D band based on reliance on comparable settlements due to the absence of direct sales evidence.