Interviewing and advising exam notes
Background
-Property registrar: rights that benefit the land, e.g. right of lights an easement to enjoy the
natural light that passes over someone else’s land and then enters through a defined aperture
in a building, e.g. window
-How to establish: -express grant by deed (rare in practice)
-acquired by prescription under the Prescription Act 1832 (PA1832) to succeed in claiming
right under PA1832 the light has to be enjoyed without interruption for a period of at least
20 years from the date on which the action asserting the right was begun + the light will have
to be enjoyed without any written consent
-Charges Registrar: if the land is burdened by an express right of light will be recorded in
Charges Registrar will bind the buyer if a) interest registered on the Charges Regisitrar and
interests overriding registered disposition (e.g. mortgages, restrictive covenant, positive
covenant, easements and leases but unregistered easements and leases may or may not
bind the property)
-Excluded rights: where the previous owner has retained the right need to report to buyer if
it affects their proposed use of land unless they want to use this excluded right = no
problem
-Remedy for not complying with an easement is an action for nuisance claimant will have
to prove
-Positive covenants do not run with land; negative covenants run with land
-Only get planning permission if the construction is a ‘development’ from LPA LPA will
consider: a) the effect of the proposed development b) the potential of the proposed
development to cause disturbance, including traffic flow, to neighbours or in the locality c)
impacts on character of surroundings d) loss of light/ over-shadowing if the loss is above
certain criteria
-sometimes: loss of view/ fear of loss of property value/ private rights of way
-change of class usage must all apply (same class changes do not need PP)
-Change in building works/ building materials need to apply building permission (s.
55(1A) TCPA) breaches proceedings must commence within 12 months of breach
-Listed buildings (found out from CON29 - order and consents) may subject to GPDO
2015 regulations more restrictions and more structures need planning permission
-Conservation area (found out from LLC1): Article 4 direction may subject to more
restrictions
Breaches of PP:
Planning permission breach Time limit
Building works w/o planning permissions 4 years following the substatinal completion
of work
Background
-Property registrar: rights that benefit the land, e.g. right of lights an easement to enjoy the
natural light that passes over someone else’s land and then enters through a defined aperture
in a building, e.g. window
-How to establish: -express grant by deed (rare in practice)
-acquired by prescription under the Prescription Act 1832 (PA1832) to succeed in claiming
right under PA1832 the light has to be enjoyed without interruption for a period of at least
20 years from the date on which the action asserting the right was begun + the light will have
to be enjoyed without any written consent
-Charges Registrar: if the land is burdened by an express right of light will be recorded in
Charges Registrar will bind the buyer if a) interest registered on the Charges Regisitrar and
interests overriding registered disposition (e.g. mortgages, restrictive covenant, positive
covenant, easements and leases but unregistered easements and leases may or may not
bind the property)
-Excluded rights: where the previous owner has retained the right need to report to buyer if
it affects their proposed use of land unless they want to use this excluded right = no
problem
-Remedy for not complying with an easement is an action for nuisance claimant will have
to prove
-Positive covenants do not run with land; negative covenants run with land
-Only get planning permission if the construction is a ‘development’ from LPA LPA will
consider: a) the effect of the proposed development b) the potential of the proposed
development to cause disturbance, including traffic flow, to neighbours or in the locality c)
impacts on character of surroundings d) loss of light/ over-shadowing if the loss is above
certain criteria
-sometimes: loss of view/ fear of loss of property value/ private rights of way
-change of class usage must all apply (same class changes do not need PP)
-Change in building works/ building materials need to apply building permission (s.
55(1A) TCPA) breaches proceedings must commence within 12 months of breach
-Listed buildings (found out from CON29 - order and consents) may subject to GPDO
2015 regulations more restrictions and more structures need planning permission
-Conservation area (found out from LLC1): Article 4 direction may subject to more
restrictions
Breaches of PP:
Planning permission breach Time limit
Building works w/o planning permissions 4 years following the substatinal completion
of work
