March 2015 Archive

The case for terminating an AHA tenancy

One of the reasons for the introduction of the Agricultural Tenancies Act 1995 (“the 1995 Act”) was to counter some of the more burdensome provisions imposed by the Agricultural Holdings Act 1986 (“1986 Act”), not least the difficulty of terminating tenancies. The rights relating to security of tenure under the 1986 Act were so onerous that most landlords chose to let their land via licences (although a number of these were converted into AHA tenancies).

Landowners can prevent rights of way by prescription

A recent case means that landowners may be able to prevent trespassers from acquiring a right of way by prescription by the erection of notices proclaiming that the land is private. Landowners, particularly of rural land, can be vulnerable to trespassers acquiring an easement over their land by prescription. Any rights secured against that land could reduce its value and prevent the land being used free of restrictions.

How far can an executor go to protect assets, which are the subject of a potential dispute?

In the case of Williams -v- Seals, Robinson and Seals [2014] EHWC 3708 the Court had to consider whether executors had authority to cooperate with the sale of a farm, half of which belonged to the Deceased and the other half to the Deceased’s sister’s children. This was in circumstances where there were potential claims against the Deceased’s Estate.

What is the proper measure of the expenses of making good under section 7(2) of the Party Wall etc Act 1996?

This short article considers the Judgment of Her Honour Judge Taylor in the Central London County Court on 11 February 2014 in the case of Jack Breuer v Alba Leccacorvi. The Learned Judge concluded that compensation under Section 11(8) of the Party Wall Etc Act 1996 (i.e. expenses paid in lieu of the carrying out of work to make good damage) were payable under ordinary common law principles on the basis of diminution in value.
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