Property update what's coming up - In house lawyers forum 2013, Lisa McGinn and Sophie Hutton

Property update - what’s coming up? In house lawyers forum – spring 2013

• 10th anniversary of the Land

Registration Act 2002

• other key developments

– community assets

– changes to permitted development rights

– Law Commission report on rights to light

– town and village greens

– prohibition of R22

• 13 October 2013 - why is this date

important?

• overriding interests

– what are they?

– which ones will lose their status at

midnight on 12 October 2013

• what’s all the fuss about?

• background

• ‘anachronistic and capricious’ (Lord

Nicholls, Aston Cantlow v Wallbank)

• ‘anomalous, uncertain and obscure’ and

capable of creating financial hardship

and being unsuited to modern society

(Law Commission report 1985)

• who does it affect and what’s the risk?

• what happens to this overriding interest

at midnight 12 October 2013?

• advice

– buying land / buildings subject to a

liability (actual knowledge)

– buying land / buildings where the

liability is not known

– beneficiary of an overriding interest

• further information

– PLC Practice Notes – ‘chancel repair

liability after 12 October 2013’ and

‘overriding interest and the Land

Registration Act 2002’

– Land Registry Practice Guides 18 and 66

• Sections 87-108 Localism Act 2011

– Assets of Community Value (England)

Regulations 2012 (SI 201212421)

• Section 88

– land or building in a local authority’s

area whose main use ‘furthers the social

wellbeing or social interests of the local

community and it is realistic to think

that there can continue to be a [main

use] of the building or other land which

will further (whether or not in the same

way) the social wellbeing or social

interest of the community’

• registrable as a local land charge (s100)

and remain on the list for 5 years (s87)

• restriction is registered against the title

of the registered land

• Section 89 - nomination of assets by

parish council or by a ‘community body

with a local connection’

• Section 95 - disposal of the asset and

exempt disposals

• Section 99 - compensation if private

owner suffers loss

• changes to permitted development rights

– coming into force this spring

• town and village greens

– growth and Infrastructure Bill

– new section 15A CA 2006

• rights to light – Law Commission report

• prohibition of R22 in January 2015

– what is R22?

– why is this relevant now?

– concerns for landlords

– concerns for tenants

Get in touch if you have any questions or

would like further information.

t +(0)121 237 4568

e [email protected]