News & Library

Creating a Fencing Easement by Express Grant

Churston Golf Club v Haddock [2018] EWHC 347 (Ch) Mr Haddock is a tenant farmer and neighbour to Churston Golf Club (the “Golf Club”). This was a dispute about an obligation to fence the boundary between their land. In simple terms Mr Haddock...

Case Update: Proprietary Estoppel & AHA Tenancy Arguments Advanced

Smyth-Tyrrell and another v Bowden [2018] EWHC 106 (Ch) (2 February 2018). Judgment has recently come out in a case that will be of interest to both landlords and tenants of rural property. The Claimants, Mr and Mrs Smyth-Tyrrell, were the tenants of...

New Minimum Energy Efficiency Standards - Private Rented Property

New minimum energy efficiency standards for private rented properties – in force 1 April 2018 From 1 April 2018, landlords of buildings within the scope of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the...

What are EPCs and when do you need one?

Energy Performance Certificates (EPCs) are a rating scheme to summarise the energy efficiency of buildings. The certificate gives an asset rating which places the energy efficiency of the property on a sliding scale using letters to indicate the bands:...

New Planning Regime for Wales

Law Commission – Planning Law in Wales Consultation Paper 1. The Welsh Government is currently consulting on the introduction of a new Planning Code with the aim of simplifying and modernising the planning system within Wales. The new Planning...

Water Abstraction Reform

Water Abstraction Reform In December 2017 the Department for Environment, Food and Rural Affairs (DEFRA) published a plan to reform water abstraction management in England. The plan includes three key reforms: Developing a stronger focus on catchment...

Loxley Firm Charity of the Year

We are pleased to confirm that Loxley have this year decided to support the Longfield Charity as our designated Firm Charity of the Year.  All proceeds of any charitable events which we undertake throughout the course of 2018 will be donated to this...

Agricultural Holdings Act 1986 - Case B Notices to Quit

We often get asked to advise landowners who own property that is let under the Agricultural Holdings Act 1986 (the “AHA 1986”) and who want to recover possession from their tenants for one reason or another. It is worth saying that we also often...

Bringing a Claim Against a Professional

Bringing a claim against a professional such as an accountant, solicitor or surveyor can be a daunting and difficult decision for a client. Relationships have often been developed over many years and bonds of trust built up. However, mistakes do...

Deregistering Common Land

The number of queries we are getting relating to deregistering common land is on the up, so we thought it would be a good time to explain more about how you can try and do this. Often clients are interested in trying to deregister common land because they...

The Hedgerow Regulations 1997

Under the Hedgerow Regulations 1997 (“the Regulations”) it is against the law to remove most countryside hedgerows without first obtaining permission from the local planning authority (“LPA”).  In particular, the Regulations...

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...
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