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[Lawcruncher]

If the rights are in the pre-registration documents they ought to be ought to be on the register. It is possible they are referred to indirectly. Is there an entry which says something like: "The property has the benefit of the rights set out in a conveyance dated***. (Copy filed)"?

[Lawcruncher]

See this thread I started years ago:

https://www.gardenlaw.co.uk/phpBB2/v...php?f=6&t=1727...

[Lawcruncher]

There are three possibilities:

The property is not subject to any covenants. If there are no covenants including a covenant with the seller to observe covenants is a mistake. The covenant to observe cannot have any effect and can be totally annoyed.

The property is subject...

[Lawcruncher]

With respect the above is not sound practice.

An obvious point to make is that the tenant can damage the property within the first seven days and you are then in difficulty proving the tenant caused the damage.

Apart from that, the arrangement for agreeing the inventory looks...

[Lawcruncher]

Any new rules or changes need to be reasonable and proportional. They cannot be used to remove or cut down any existing rights or privileges the leaseholders enjoy. It has to be doubted that introducing charges or penalties is acceptable.

[Lawcruncher]

There are several questions to be asked to establish if a given restrictive covenant can be enforced. Assuming it can, the remedies available are damages or an injunction. Whether a court will award either depends on what loss or detriment has been suffered.

[Lawcruncher]

Juts because the lease does not refer to the basement does not mean it is not included. Have a look at this thread and come back if you have any questions:

https://forums.landlordzone.co.uk/fo...ease?72335-Is-...

[Lawcruncher]

Not really, no. If there are no covenants no indemnity is needed....

[Lawcruncher]

It is fairly standard wording. It is a covenant required because the Transferor may still be liable to observe the covenants even after he has sold. A more usual form is to include after the words "hereby covenants" the words "by way of indemnity only".

The provision...

[Lawcruncher]

Judges warning against getting involved in litigation over boundary disputes can unfortunately encourage encroachment.

What is needed is a compulsory system of adjudication with fixed costs pitched at a low level.

[Lawcruncher]

I would not expect a survey to reveal an encroachment of 8 inches unless the surveyor had been requested to check that the apparent boundaries match the title plan....

[Lawcruncher]

Only a very remote one indeed.

Two things are against you.

1. The first and most significant is that the extension has been in place for 14 years. That will almost certainly entitle the neighbour to apply for the land encroached on to be registered in his name.

...

[Lawcruncher]

My analysis of the legal position follows. Other analyses are possible.

When Mr X entered into an arrangement with the neighbours to let them occupy part of the garden ("the garden strip") there were two legal estates in your property: the freehold interest owned by the freeholder...

[Lawcruncher]

If your mobile has a recorder nothing to stop you using it to record the conversation....

[Lawcruncher]

No it would not....

[Lawcruncher]

The figure is indeed an average meaning some firms will be charging less. The point is though that this firm want to charge two and a half times the average conveyancing fee for a routine job which in almost every case does not require any special expertise. Every firm these days will have a standard...

[Lawcruncher]

What! They are extortionate! A quick google says the average conveyancing fee is £1040. There is far less work involved in preparing a licence to alter than conveying a house. A conveyancer could easily do ten licences a day. Assuming a 47 week working year that would bring in £1,175,000....

[Lawcruncher]

Please quote in full the clause in the lease which says that no alterations are allowed.

[Lawcruncher]

It is not quite the case that the Land Registry says that the boundaries shown on title plans are inaccurate, but that (unless the register provides to the contrary) they show the general boundaries only but without saying they are accurate within a certain tolerance. In some contexts the application...

[Lawcruncher]

We do not really have enough to go on to give an opinion on whether there is a tenancy or licence here. The essential point, whatever any piece of paper says, is whether the OP has exclusive possession. If there has been actual exclusive possession for 25 years it is difficult to see how the arrangement...