property update what's coming up - in house lawyers forum 2013, lisa mcginn and sophie hutton
TRANSCRIPT
• 10th anniversary of the Land
Registration Act 2002
• other key developments
– community assets
– changes to permitted development rights
– Law Commission report on rights to light
– town and village greens
– prohibition of R22
• 13 October 2013 - why is this date
important?
• overriding interests
– what are they?
– which ones will lose their status at
midnight on 12 October 2013
• what’s all the fuss about?
• background
• ‘anachronistic and capricious’ (Lord
Nicholls, Aston Cantlow v Wallbank)
• ‘anomalous, uncertain and obscure’ and
capable of creating financial hardship
and being unsuited to modern society
(Law Commission report 1985)
• who does it affect and what’s the risk?
• what happens to this overriding interest
at midnight 12 October 2013?
• advice
– buying land / buildings subject to a
liability (actual knowledge)
– buying land / buildings where the
liability is not known
– beneficiary of an overriding interest
• further information
– PLC Practice Notes – ‘chancel repair
liability after 12 October 2013’ and
‘overriding interest and the Land
Registration Act 2002’
– Land Registry Practice Guides 18 and 66
• Sections 87-108 Localism Act 2011
– Assets of Community Value (England)
Regulations 2012 (SI 201212421)
• Section 88
– land or building in a local authority’s
area whose main use ‘furthers the social
wellbeing or social interests of the local
community and it is realistic to think
that there can continue to be a [main
use] of the building or other land which
will further (whether or not in the same
way) the social wellbeing or social
interest of the community’
• registrable as a local land charge (s100)
and remain on the list for 5 years (s87)
• restriction is registered against the title
of the registered land
• Section 89 - nomination of assets by
parish council or by a ‘community body
with a local connection’
• Section 95 - disposal of the asset and
exempt disposals
• Section 99 - compensation if private
owner suffers loss
• changes to permitted development rights
– coming into force this spring
• town and village greens
– growth and Infrastructure Bill
– new section 15A CA 2006
• rights to light – Law Commission report
• prohibition of R22 in January 2015
– what is R22?
– why is this relevant now?
– concerns for landlords
– concerns for tenants
Get in touch if you have any questions or
would like further information.
t +(0)121 237 4568