Rights over land

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Rights over land

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The Planning (Scotland) Bill update

The Planning (Scotland) Bill, published at the end of 2017, outlined a number of changes to the current legislation in Scotland. This article explores these changes.

Law Firm: Shoosmiths | Published: 17 January 2018 | Practice Area: Rights over land

Real News - Autumn/Winter 2017

Welcome to the autumn/winter 2017 edition of Real News, DLA Piper’s quarterly real estate publication.

Law Firm: DLA Piper | Published: 27 November 2017 | Practice Area: Real Estate

Rating: 3 people found this useful

Shutting the window: tenant could not release right to light

A recent case has decided that a right to light was part of the premises demised by a lease and a release of that right by the tenant could amount to an encroachment on the premises.

Law Firm: Shoosmiths | Published: 22 November 2017 | Practice Area: Litigation

Rating: 2 people found this useful

Can there be damages for breach of contract where there is no "loss"?

This briefing examines the recent Court of Appeal decision in Burrows Investments Ltd v Ward Homes Ltd, a case involving development on land subject to an overage provision.

Law Firm: Womble Bond Dickinson | Published: 20 November 2017 | Practice Area: Litigation

Rating: 4 people found this useful

A new protocol for resolving boundary disputes

A Protocol for Disputes between Neighbours about the Location of their Boundary has been written and issued by senior members of the legal and surveying professions. This briefing examines its provisions.

Law Firm: Shoosmiths | Published: 14 November 2017 | Practice Area: Alternative Dispute Resolution

Rating: 5 people found this useful

Negotiating damages for breach of overage

This article examines the court's decision in Burrows Investments Ltd v Ward Homes Ltd.

Law Firm: Shoosmiths | Published: 08 November 2017 | Practice Area: Real Estate

Rating: 4 people found this useful

Taking a different view

The Upper Tribunal has held that an attractive view being obstructed was not an adequate reason to prevent the modification of a restrictive covenant. This article examines the judgment.

Law Firm: Shoosmiths | Published: 24 October 2017 | Practice Area: Litigation

Lucky escape for developer who obstructed right of way

A case in which a developer partly obstructed a right of way demonstrates that injunctions are a discretionary remedy. This briefing examines the judgment in Lea v Ward.

Law Firm: Shoosmiths | Published: 11 October 2017 | Practice Area: Planning and Development

Rating: 2 people found this useful

Repair or replace? Sometimes it's the landlord's decision

The Upper Tribunal has decided that it was reasonable for a landlord to choose to repair windows, rather than replace them, and to recover that cost by service charge. This article examines the case.

Law Firm: Shoosmiths | Published: 09 October 2017 | Practice Area: Rights over land

Rating: 2 people found this useful

FAA restricts drone operations near ten US landmarks

For the first time, the FAA will restrict UAS flights near ten US Department of Interior (DOI) landmarks. This article examines the reasons why.

Law Firm: DLA Piper | Published: 05 October 2017 | Practice Area: Transport

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