header-logo header-logo

14 April 2017 / Andrew Francis
Issue: 7742 / Categories: Features , Property
printer mail-detail

An uncertain world

Andrew Francis offers some best practice guidance when advising developers on applications under s 84 of the Law of Property Act 1925

  • For developers there can be no escape from uncertainty in the context of s 84 of the Law of Property Act 1925.

  • 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.

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll