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Development - how to ensure that positive obligations bind successors in title

Wragge & Co LLP
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United Kingdom
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February 20 2013

In this article, we look at two cases which consider different aspects of the law on enforcing positive obligations against successors in title. The

Landlord and tenant - requiring a guarantor to take a new lease following disclaimer

Wragge & Co LLP
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United Kingdom
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February 20 2013

Where a lease is disclaimed, a guarantor of the tenant may be required by the landlord to take a new lease

Easements - how frequent does use need to be to found a claim to an easement arising through long use?

Wragge & Co LLP
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United Kingdom
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January 22 2013

It is not necessary for an accessway to be used every day (or anywhere near as often as that) in order to give rise to a right of way through long

Landlord and tenant - break clauses

Wragge & Co LLP
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United Kingdom
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January 22 2013

Where rent falls due before a break date, it will usually be payable in full, although the position will always depend on what the lease says

Landlord and tenant - consent to underlet and parting with possession

Wragge & Co LLP
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United Kingdom
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January 22 2013

A covenant against parting with possession (as opposed to occupation) will only be breached if the tenant is completely excluded from the premises

Boundary agreements - will an informal agreement be enforceable?

Wragge & Co LLP
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United Kingdom
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January 22 2013

Legislation requires agreements for the sale or other disposition of an interest in land to be made in writing

Adverse possession - the acquisition of title to registered land by adverse possession can only be obtained through an application to the land registry

Wragge & Co LLP
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United Kingdom
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December 13 2012

Save in certain limited circumstances, a person who wishes to claim that he or she has acquired title to registered land by adverse possession can only do so by making an application to the Land Registry, not the court

Landlord and tenant - the court grants a landlord permission to forfeit a lease when a tenant is in administration

Wragge & Co LLP
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United Kingdom
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December 13 2012

If a landlord wants to forfeit a lease after its tenant has gone into administration, it will need the consent of the administrators or the court

Conveyancing - will a buyer be bound by a third party right which is not registered at the Land Registry?

Wragge & Co LLP
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United Kingdom
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December 13 2012

A buyer of registered land for valuable consideration will take subject to any third party rights which are noted on the register, and to overriding interests

Easements - the court rules that a developer is entitled to a right of way based on the expectations of his predecessor in title

Wragge & Co LLP
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United Kingdom
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November 14 2012

Where A encourages B to think that he (B) has a right of access over A's road, and B relies on that belief to his detriment, the court may order A to grant a right of way to B