News & Library

Liability For Escaped Cattle Under The Animals Act 1971

Williams v Hawkes [2017] EWCA Civ 1846 The Court of Appeal has recently considered an appeal from the owner of a Charolais steer that, after being spooked by something (exactly what is unknown), escaped from their farm by jumping a six-foot fence. The...

Simplifying Planning Law in Wales

‘ Planning law in Wales is unnecessarily complicated and, in places, difficult to understand ’ – not our words, but those of The Law Commission which has been asked by the Welsh Government to review Welsh planning law and make proposals for...

SDLT in Wales: Land Transaction Tax

The Wales Act 2017 provides the National Assembly for Wales with increased powers to legislate on any subject other than those which are reserved to the UK Parliament and, in particular, provides for the devolution of Welsh taxes. The Land Transaction Tax...

Protecting Unregistered Land and Voluntary First Registration

Although the majority of land in England and Wales is now registered at the Land Registry there is still a large amount of land that remains unregistered. It is thought that much of this unregistered land is rural farmland. This is likely to be because the...

New Agricultural Holdings (Units of Production) (England) Order 2017

When looking at succession under the Agricultural Holdings Act 1986 the productive capacity of the agricultural land in question must be assessed, and in order to carry out that assessment recourse must be had to the relevant units of production order. ...

Sporting Rights On Third Party Land

Disputes about sporting rights are fairly common, but cases on this area of the law are rare. In Fuller v. Kitzing , in which Loxley acted for the owner of sporting rights, the High Court considered a number of issues about how such rights should be...

Granting ASTs: How To Avoid The Pitfalls

Letting property to tenants on an Assured Shorthold Tenancy (AST) is something thousands of landlords across the country do. However, despite granting an AST appearing straightforward there are many pitfalls the unwary landlord or agent can fall into! Below...

New Pre-Action Protocol For Debt Claims

As of 1 October 2017, when seeking to recover monies owed to them by individuals (including sole traders and public bodies) businesses must comply with the new Civil Procedure Rules’ Pre-Action Protocol for Debt Claims (the “Protocol”)....

Guidance For Farmers Affected By HS2

The government has published guides for farmers and growers affected by High Speed Two’s (HS2) construction. The guides set out High Speed Two (HS2) Limited’s proposed approach to handling agricultural property matters. The idea is that they are...

Funding For Woodland Creation

Natural England has recently published the Countryside Stewardship woodland creation grant manual for 2018. Woodland creation provides funding to supply, plant, weed and protect young trees. Farmers and other land managers can apply for a two-year capital...

What is Chancel Repair Liability?

Chancel repair liability is an obligation which relates to properties located within some historic parish boundaries. The obligation originates from mediaeval times where land, previously owned by the church, was sold and the new owner became subject to an...

Rights of Way: When Can Additional Land Benefit?

  Mr Gore lived in The Granary which he accessed by means of a shared driveway from Church Street in Pangbourne. An express right of way for The Granary over the driveway to Church Street was granted in a conveyance dating from 1921. Part of the...

Recent Business Property Relief Decisions

Two First-tier Tribunal (FTT) decisions this summer have helped clarify if furnished holiday lets and livery stable businesses qualify for business property relief (BPR). In Personal Representatives of the Estate of M W Vigne Deceased v HMRC [2017] UKFTT...

Government to refund £89 million in power of attorney fees

The Ministry of Justice has admitted charging excessive fees for issuing powers of attorney. The fee of £110, which was charged throughout a four-year period, until April 2017, exceeded the cost of processing the application. Government agencies are...

Town and Village Greens: Important Recent Decision

R (St John College Cambridge) v Cambridgeshire County Council [2017] EWHC 1753 (Admin) In a recent case between St John’s College Cambridge and Cambridge County Council it was held that applicants for land to be registered as a town and village...
  • Page 1 of 8