Andrew Francis offers some best practice guidance when advising developers on applications under s 84 of the Law of Property Act 1925
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For developers there can be no escape from uncertainty in the context of s 84 of the Law of Property Act 1925.
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There are four important points to bear in mind when advising developers on s 84 applications.
The one thing developers of land desire most is certainty. Apart from the certainty conferred by the ownership of title (at least where there is no risk of rectification of the register) the presence of full planning consent, completed s 106 agreements and community infrastructure levy payments, agreed funding, the ability to secure all services and access to the site and the absence of adverse third party rights are all matters which any developer wants “sewn up” before any work starts on the ground. Until resolved, the greatest cause of uncertainty will usually be third party rights. Outside disputed boundaries and claims to adverse possession, the worst offenders are prescriptive easements (especially light) and restrictive covenants.It is the latter which feature in this article.
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