July 2012 Archive

Insuring property against flood risk

Under an arrangement called the Statement of Principles on the Provision of Flood Insurance, the insurance industry has since 2000 agreed to keep flood insurance available for most properties in the UK in return for the government agreeing to effectively manage the flood risk in the most high risk areas. That policy will come to an end in June 2013 and there is no intention at present for it to be replaced in its current form.

Should you get a separation agreement?

If you are separated but don't want to divorce just yet, perhaps until your children are older, it would be sensible to have a separation agreement. A separation agreement is a written agreement which confirms what you have both agreed should happen once you no longer live together. It sets out how you wish to deal with the finances and any arrangements for your children.

Reform to telecommunications law

The government has launched a long awaited public consultation on the right to telecom operators to install and maintain their apparatus on public and private land. The Telecommunications Act 1984 sets out the Electronic Communications Code, which gives statutory protection to operators and makes it potentially very difficult and expensive for landowners to remove telecoms apparatus without the operators agreement.

Neighbour planning (referendums) regulations 2012

The Neighbourhood Planning Regulations came into force on 6 April 2012. These give neighbourhood planning powers to designated community groups (Neighbourhood Forums) to plan and protect certain local developments that they need for planning applications submitted. However, neighbourhood developments plans and neighbourhood development orders must pass referendum before taking effect.

Discharge of restrictive covenants

The Upper Tribunal (Lands Chamber) recently heard the case of Re Brainshaugh House [2012] UKUT 112 (LC), which concerns an application to discharge restrictive covenants over Brainshaugh House. The house was part of Sir Anthony Milburn’s estate and was sold to the Coombes in 2002. The transfer involves several restrictive covenants for the benefit of the seller, his family and descendants but no further.
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