header-logo header-logo

Civil way: 18 October 2019

17 October 2019
Issue: 7860 / Categories: Features , Procedure & practice , Civil way
printer mail-detail
Overcoming restriction; petty relocation; inheritance ruling dead; mousy divorces

Taking a rifle to a stifle

The current fashion is for business premises to rot away unoccupied. If it is not the local planning authority which is standing in the way of conversion to dwellings, then a restrictive covenant is the frustrating factor. An alternative to paying a multitude of arms and legs by way of an indemnity policy premium or assassinating the covenantee, is to get rid of the covenant. The discharge or modification provisions on which we were weaned that are s 84 of the Law of Property Act 1925 are available not only for freeholds but also for leaseholds (s 84(12))—and not a lot of people know that—of more than 40 years where 25 of them have expired.

And so it was in Shaviram Normandy Ltd v Basingstoke and Deana Borough Council [2019] UKUT 256 (LC), involving the former UK headquarters of IBM which have been empty since 2013 and fallen into a significant state of repair, accelerated by vandalism. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll