The January 2011 issue of the CPI Update contains:
Case law commentary on:
Who gives consent to build pursuant to restrictive covenants? Churchill v Temple;
What extent of right of way is acquired by prescription? Dewan v Lewis;
What remedy exists against excessive user of a way? Ashdale Land and Property Company Ltd v Maioriello;
Avoiding VAT inclusive contracts – National Transport Authority v Mauritius Secondary Ind. Ltd;
Guarantees and rectification of contracts – Fairstate Ltd v General Enterprise & Management Ltd;
Adverse possession and acknowledgement of title – Ofulue v The United Kingdom.
Legislative developments in relation to:
The VAT rate increase on January 4, 2011.
Land Registry consultation on the implications of the Legal Services Act 2007.
DEFRA consultation on changes to the contaminated land regime.
SRA Code of Conduct consultation.
The Localism Bill.
Climate change – a summary of responses to the latest EPC consultation.
Property taxes – new advice on Disclosure of Tax Avoidance Schemes.
Practical comment on:
Adverse possession claims made against tenants.
Extinguishment of easements through unity of seisin.
The effect of a mutual break right on 13 months’ notice.
Code of conduct, confidentiality and the joint retainer (Mortgage Express v Sawali).
CML Handbook amendments.
Published 3rd January 2011.
Property PSL