‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’
Local Government Lawyer, 12th January 2022
Source: www.localgovernmentlawyer.co.uk
‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director – for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’
Law & Religion UK, 10th August 2021
Source: lawandreligionuk.com
‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’
Local Government Lawyer, 13th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
‘The social care provisions are at section 15 and Schedule 12 to the Coronavirus Act 2020 (“the Act”). They came into force in England on the 31March 2020 (on the 1st April, in Wales).’
Landmark Chambers, 16th April 2020
Source: www.landmarkchambers.co.uk
‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’
4-5 Gray's Inn Square, 7th April 2020
Source: www.4-5.co.uk
‘Easement disputes are a staple of real property practice. Some can be of very high value, particularly where the existence of an easement has an impact on a development. Many, however, arise out of neighbour disputes. Despite having a more modest value, these claims are no less important to the parties involved and indeed can be no less complex. As with all neighbour disputes, costs have a tendency to spiral.’
St Ives Chambers, 8th April 2020
Source: www.stiveschambers.co.uk
‘It was in City of London Building Society v Flegg that the House of Lords notably considered the position of overriding interests and those interests said to overreach them in the context of a mortgage of a property occupied by a third party. The courts had reason to revisit this area of the law much more recently in Baker v Craggs when the owner of the dominant tenement of an easement claimed that his interest overreached the overriding interest of the owner of the servient tenement. Now, in an ex tempore judgment given on the 19th March 2020, Jeremy Hyam QC, sitting as a Recorder in the County Court at Bristol, has adjudicated upon a similar issue in the case of Knight v Fernley in which the unregistered purchaser of a property who had gone into actual occupation of it claimed that her interest overrode that of a later transferee of the very same land.’
Radcliffe Chambers, 31st March 2020
Source: radcliffechambers.com
‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’
39 Essex Chambers, 7th April 2020
Source: www.39essex.com
‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’
Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020
‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’
Local Government Lawyer, 1st April 2020
Source: www.localgovernmentlawyer.co.uk
‘To what extent, if any, can the payment of compensation be avoided in the case of parallel pipelines? Where there is a single pipeline laid across or under another’s land, either under a deed of easement or a lease, then it is common to include provision for the payment of compensation if it prevents the landowner, for example, from extracting mineral. It is also very common for the Mining Code to be incorporated into the deed of easement or lease, as the case may be. There are currently many infrastructure projects being developed across the country, many of which will follow this industry-standard approach to dealing with mineral resources. That approach, however, will need to be considered carefully by landowners in light of the experiences outlined below.’
No. 5 Chambers, 28th June 2019
Source: www.no5.com
‘“Being a good sport”: the Supreme Court considers for the first time the extent to which the right to the use of sporting facilities may be conferred by way of easement. (Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57)’
Henderson Chambers, 15th November 2018
‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’
OUT-LAW.com, 15th November 2018
Source: www.out-law.com
‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’
Tanfield Chambers, 10th November 2017
Source: www.tanfieldchambers.co.uk
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’
Hardwicke Chambers, 14th August 2017
Source: www.hardwicke.co.uk
‘In elderly couple described as “troublemaking” and “bombastic” face giving up their home after losing a £200,000 legal fight to prevent neighbours accessing a shared utilities meter.’
Daily Telegraph, 25th July 2017
Source: www.telegraph.co.uk
‘Anyone looking for a judicial discussion of the importance of sport in modern life might not immediately think of looking in a judgment on the law of easements. But that is what the Court of Appeal has given us in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2017] EWCA Civ 238, which concerns the grant of rights to use various sports and recreational facilities in a leisure complex.’
Sports Law Bulletin from Blackstone Chambers, 7th April 2017
Source: www.sportslawbulletin.org
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