Landlords should be aware of a recent decision in the case of Newham LBC vs Thomas-Van Staden: it provides an example of the need for their solicitors to be very careful in their drafting when contracting a lease out of the Landlord and Tenant Act 1954 (”1954 Act”). The case concerned a drafting error in [...]
[click here read more]Posted: March 2nd, 2009 under Commercial Property.
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Overage provisions are generally used where a seller wishes to share in any potential development value in a property that might be realised after completion of a sale. A seller is likely to require an overage obligation from the buyer where there is a reasonable belief that the land may be redeveloped or that permission [...]
[click here read more]Posted: January 22nd, 2009 under Commercial Property.
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We are all familiar with the sight of telecoms masts or aerials sitting atop buildings or on high land. Many were put in place in the 1990’s and provided useful additional income for property owners, often viewed as a real windfall - who else would pay good money for the use of the roof of [...]
[click here read more]Posted: November 13th, 2008 under Commercial Property.
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“Propco/opco” structuring has been a buzz phrase over the last few years, particularly in the care home and hotel sectors. It is a way for the owner of a business (not just a care home or hotel business) which has freehold or long leasehold assets to make the most efficient use of those assets, [...]
[click here read more]Posted: March 7th, 2008 under Commercial Property.
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Developers must ensure that they fully consider whether any adjoining owners’ rights of light will be breached well before they commence work on a development. That was the message from a recent case before the Court of Appeal in which a developer was heavily penalised because they did not take this into consideration.
In Regan [...]
Posted: October 8th, 2007 under Commercial Property.
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