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The myth of the common law marriage download
There is a widespread belief in the concept of ‘common law marriage’, which couples think will protect them when they buy property together. This is incorrect.
Mills & Reeve offers top tips for those looking to move or get their foot on the housing ladder.
For many people, their home is their most valuable asset and can give rise to a significant inheritance tax liability on their death (or the death of the surviving spouse).
If you are planning to purchase a foreign property, there are some legal issues you should consider first, including how you will own the property, taxation and inheritance.
If a married couple (or civil partners) jointly own an asset, then the income from the asset is automatically assessed on them 50:50 for tax purposes.
Distress for rent will be abolished from April 2014 and replaced by a statutory procedure called Commercial Rent Arrears Recovery (CRAR).
The dispute in the case arose between two neighbours over the ownership of a strip of land just a few inches wide between their properties.
‘High hedges’ appeals download
A recent ‘high hedges’ appeal case concerned a successful application for the terms of a remedial notice to be varied.
There is a general rule in property law that successors in title will not be bound by the burden of a positive covenant — such as a positive payment obligation.
In R v Herefordshire Council & others, the High Court addressed the proper interpretation to be given to section 38(6) of the Planning and Compulsory Purchase Act 2004.
A local authority or inspector required to decide whether or not to grant permission for development that affects a listed building is bound by s.66(1) of the Planning Act 1990.
Relief will be available for new properties completed after 1 October 2013 and before 30 September 2016 that are unoccupied for the first 18 months after completion.
As the flood waters recede the key question for those who own or occupy affected properties is who is responsible for fixing the damage?
There may be good news in store for charities in England with listed buildings and/or buildings of special architectural importance.
The draft Community Infrastructure Levy (Amendment) Regulations 2014 are due to come into force in early 2014.
The government is currently consulting on draft regulations that will underpin the heritage elements of the Enterprise and Regulatory Reform Act 2013.
The Court of Appeal’s recent decision in Gabriel v Little addresses the question whether a solicitor provides ‘advice’ or ‘information’ and the scope of duty under SAAMCo.
Zara Banday, associate and real-estate specialist at Mills & Reeve, offers her top tips for buyers.
This is not the first time that England has faced social, economic and environmental challenges giving rise to housing need.
Insurers have resisted funding the contingency for high-risk properties, which has resulted in governmental persuasion through a series of pooling agreements with the ABI.