CPI Update 128 - November 2014

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For subscribers, the November 2014 issue of the CPI Update appears attached below, and deals with the following cases:

  • Scott v Southern Pacific Mortgages Ltd – a Supreme Court decision impacting upon sale and lease back deals and sub-sales.
  • Redrow Homes Ltd, R (on the Application of) v Knowsley MBC – future road maintenance costs can be covered by section 38 adoption agreements.
  • Francis v Phillips- the Court of Appeal analyses “qualifying works” for service charge consultation requirements.
  • Harris v Berkeley Strategic Land Ltd – an overage agreement based on “units of accommodation”.
  • Sirhowy Investments Ltd v Henderson – disrepair means a break right cannot be exercised.
  • Lictor Anstalt v Mir Steel UK Ltd & Libala Ltd – buying property where a third party claims rights over fixtures.
  • R (on the Application of East Meon CC) v East Hampshire DC – is listing as an asset of Community Value a material consideration for planning?

In addition, there is coverage of:

  • Fracking – the Government’s consultation response.
  • New rules for small sewage discharges.
  • Delivery of vacant possession pursuant to a break clause.
  • Surrender of part where the reversion is severed.
  • Land Registry’s new guidance on complying with restrictions.
  • Land Registry’s new practice where land is excluded from a title.
  • Land Registry practice guide changes on adverse possession.

Published on 2 November 2014.