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Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Monthly Archives: October 2012

Posted in Real Estate News

Electronic Communications Code

The Law Commission today closes its consultation on reform of the Electronic Communications Code. Famously described as “one of the least coherent pieces of legislation on the statute book” by Lord Justice Lewison in a 2010 judgment, the Code gives telecommunications operators rights over private land to further the coverage of their networks.  Long thought

Posted in Real Estate News

First Prosecution For Squatting In Residential Premises

Since 1 September 2012 it has been a criminal offence to squat in a residential property. The new offence is punishable by a maximum prison sentence of 6 months and/or a fine of up to £5,000. Following the introduction of the new law, a flurry of arrests was reported to squatters’ support groups such as

Posted in Real Estate News

Is it RIP for the RPI?

The Retail Prices Index has been an official inflation measure since 1956 but a new consultation could spell the end for its current popularity in real estate transactions.  Launched on 8 October, respondents are invited to consider options for bringing the calculation of the RPI in line with the Consumer Prices Index.  The Treasury estimates

Posted in Case Updates, Real Estate News

Supreme Court stops occupiers from enfranchising commercial premises

In a brave move, the Supreme Court has allowed appeals by two London landlords in Day v Hosebay and Howard de Walden v Lexgorge and clarified what can reasonably be called a house under the Leasehold Reform Act 1967. Senior Associate, Tim Reid, applauded the unanimous decision for its clarification of the law: “It has

Posted in Real Estate

Legal A-Z: “A” – Access to Neighbouring Land

Q: Can I enter onto my neighbour’s land to repair my boundary wall? A:  A property owner may be liable for trespass if he ventures onto his neighbour’s land without permission, licence, or a contractual or statutory right.  A building owner wanting to build or repair a wall on or near the boundary, or to

Posted in Real Estate News

Modern leases show flair

At this year’s Hogan Lovells real estate seminar, the central theme was the 1970s. Since that era, with its ubiquitous standard forms of lease, real estate as an asset class has become more sophisticated.  This in turn has driven the development of the underlying investment and occupational instrument, the lease. At the seminar, Oliver Chamberlain

Posted in Planning

Assets of Community Value – a proverbial pain or a communal benefit?

Watch out all owners of pubs! New planning laws mean that land and buildings which are of “community value” cannot be sold without local communities having the opportunity to bid for them.  You may well ask what the meaning of “community value” is and will not be surprised to learn that it could mean just

Posted in Real Estate News

40 Years of Retailing

“Don’t stop till you get enough” – Jackie Newstead reviewed the changes in retailing over the last 40 years at this year’s Hogan Lovells 2012 real estate seminar.  Jackie entertained the audience with reminisces of green shield stamps, brutalist architecture and flared trousers.  Moving swiftly through the 70s, 80s and 90s to today’s trends, Jackie