English land law

Custodian REIT plc : Purchase of Land with Pre-let Development

Retrieved on: 
Wednesday, July 29, 2020
Urban planning, Real estate investment trust, English property law, Yield, Real estate investing, Property tax, Accessibility, English land law, Academic disciplines

Custodian REIT (LSE: CREI), the UK property investment company, is pleased to announce the completion of a forward funding agreement for a pre-let development, together with the purchase of the development land.

Key Points: 
  • Custodian REIT (LSE: CREI), the UK property investment company, is pleased to announce the completion of a forward funding agreement for a pre-let development, together with the purchase of the development land.
  • On completion of the development for a total consideration of 1.725million, the total passing rent will be 115,000 per annum reflecting a net initial yield [1] of 6.67%.
  • The land purchase price of 0.9 million was funded from the Company's existing cash resources, resulting in net gearing2 increasing to 22.3% loan to value.
  • The location of this property on an arterial access route for Nottingham city centre allows easy accessibility for traffic both entering and leaving the City, enhancing the site's offering."

‘Resilient’ property market shows TwentyCi Q4 analysis – with no early signs of a ‘Boris bounce’

Retrieved on: 
Tuesday, January 14, 2020
Professional services, Other Consumer, Consumer, Residential Building & Real Estate, Finance, Construction & Property, Economy of England, Economy of Wales, English land law, English property law, Home inspection, Land law

The latest TwentyCi Property & Homemover Report for Q4 2019 the most comprehensive real time review of the property market - shows continued resilience in the property market over the last quarter while indications from the first days of the New Year show no early signs yet of a Boris bounce in new instructions or average asking prices.

Key Points: 
  • The latest TwentyCi Property & Homemover Report for Q4 2019 the most comprehensive real time review of the property market - shows continued resilience in the property market over the last quarter while indications from the first days of the New Year show no early signs yet of a Boris bounce in new instructions or average asking prices.
  • Overall property exchange volumes increased slightly year on year by 0.8%, with 928,234 homes exchanged in the 12 months to the end of the year.
  • The much anticipated Boris bounce is yet to materialise in the first weeks of 2020.
  • Customer insights company, TwentyCis Property & Homemover report is a comprehensive review of the UK property market, created from the most robust property change sources available providing a real time review of the UK market and covering 96.6% of all property moves (both sales and rentals).

TwentyCi Q1 analysis confirms ‘Brexit brake’ is firmly on property market

Retrieved on: 
Tuesday, April 16, 2019
Other Consumer, Professional services, Finance, Construction & Property, Residential Building & Real Estate, Consumer, Brexit, Euroscepticism in the United Kingdom, Withdrawal from the European Union, Property ladder, English land law, European Union, United Kingdom

The latest TwentyCi Property & Homemover Report for Q1 2019 has confirmed a Brexit brake on the property market in its latest analysis - the most comprehensive real time review of the UK housing market.

Key Points: 
  • The latest TwentyCi Property & Homemover Report for Q1 2019 has confirmed a Brexit brake on the property market in its latest analysis - the most comprehensive real time review of the UK housing market.
  • Comments Colin Bradshaw, Chief Customer Officer, TwentyCi: The lack of properties coming to market combined with the continued hiatus on the outcome of the Brexit process is undoubtedly holding the property market back.
  • The continued deferment of decisions by homeowners to enter the property market is holding back supply and in turn progression throughout the property ladder.
  • Customer insights company, TwentyCis Property & Homemover report is a comprehensive review of the UK property market, created from the most robust property change sources available providing a real time review of the UK market and covering 96.6% of all property moves (both sales and rentals).

Gypsies and travellers: planning provisions

Retrieved on: 
Friday, March 29, 2019
Housing in the United Kingdom, English land law, Law in the United Kingdom, Town and country planning in the United Kingdom, United Kingdom, Town and country planning in England

Thursday, March 28, 2019Gypsies and travellers have their own specific section of Government planning policy for England. Changes made by the coalition Government were designed to strengthen enforcement powers, to change the definition of a traveller for planning purposes, and to give greater protection to green belt areas. This note sets out these issues in more detail.

Key Points: 


House of Commons Library

Gypsies and travellers: planning provisions

  • The Governments planning policies and requirements for gypsy and traveller sites is set out in Planning policy for traveller sites, which must be taken into consideration in preparing local plans and taking planning decisions.
  • Another change now makes intentional occupation of land without planning permission a material consideration in any retrospective planning application for that site.

STOP PRESS:  Review of enforcement powers in April 2018

  • The Government response to the consultation was published in February 2019. In it, the Government set out its intentions for further action on unauthorised development and encampments, including (it said):
    • Stronger powers for the police to respond to unauthorised encampments by amending legislation to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas; increase the period of time in which trespassers directed from land would be unable to return; to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised; to enable the police to remove trespassers from land that forms part of the highway.
    • Practical and financial support for local authorities including new good practice guidance and funding for planning enforcement to support local authorities to deal with unauthorised encampments more effectively.
    • Supporting traveller site provision through planning policy and the Affordable Homes Programme.
    • Support for the travelling community to improve life chances through seeking to address barriers and continue to improve outcomes in terms of education and healthcare
  • The consultation observed that there was considerable variation in how enforcement powers were used and invited views on what additional powers might be needed.
  • More information about planning enforcement in general is set out in the Commons Library briefing, Enforcement of Planning Law.

Planning Appeals

Retrieved on: 
Friday, March 22, 2019
Housing in the United Kingdom, Law in the United Kingdom, Government, English land law, Town and country planning in the United Kingdom, Planning Inspectorate, United Kingdom, Ombudsman, High Court, Development control in the United Kingdom, Town and Country Planning Act

Friday, March 22, 2019This note provides information about planning appeals in England; what can be appealed, who can appeal and other routes of address for people unhappy with planning decisions.

Key Points: 
  • This briefing from the House of Commons Library provides information about planning appeals, chiefly
    • what can be appealed
    • the Secretary of State’s powers to “recover” appeals and
    • other routes for people dissatisfied with planning decisions.


    It applies to England only.

    Who can and cannot appeal?


      There is no third-party right of appeal in planning law. If the local planning authority (LPA) rejects a planning application, then it is only the disappointed applicant who has the right of appeal. Neighbours and others who are concerned about permission granted for local developments do not have a right of appeal.

    What can be appealed?

    • If the LPA refuses the application or fails to determine it within a certain time limit, then an appeal is possible.
    • More detailed information about the appeals process is in the Planning Inspectorates Procedural Guide: Planning appeals England.

    Secretary of State power to “recover” appeals for own determination


      Although in practice appeals are normally heard by a Planning Inspector, the Secretary of State has powers to “recover” an appeal for his own determination.

    Planning Court challenges to planning decisions

    • The decisions of LPAs can be challenged in the Planning Court by judicial review, under part 54 of the Civil Procedure Rules.
    • The Planning Inspector or Secretary of States appeal determination is challengeable in the High Court by way of a statutory review.

    Review of planning inquiries

    • Bridget Rosewell CBE chaired an independent review, launched in July 2018 and aimed at halving the time taken to determine planning inquiries (not the generality of appeals).
    • (Local planning authorities made decisions on around 431,000 applications in 2017/18, of which 12% (53,000) were not granted.

    Complaints to the Ombudsman service

    • Similarly, if someone has concerns about the way in which a planning appeal decision was taken, it may be possible to bring a complaint to the Parliamentary and Health Services Ombudsman, provided no other legal remedy is available.
    • In both cases, the local authoritys and Planning Inspectorates own internal complaints handling services should be used first before taking a case to the appropriate Ombudsman.

     Further reading

    • Companies House, land registries and law societies give evidence

    Retrieved on: 
    Friday, March 8, 2019
    Real property law, English property law, United Kingdom, Scotland, Department for Business, Innovation and Skills, HM Land Registry, Housing in the United Kingdom, Land registration, Registers of Scotland, English land law, Registrar, Registry

    Committee on the Registration of Overseas Entities Bill takes evidence on 11 March 2019 at 4.30pm

    Key Points: 
    • The Joint Select Committee on the Draft Registration of Overseas Entities Bill hears evidence to consider the practical consequences of the draft Bill.
    • Martin Swain Director of Policy, Strategy and Planning, Companies House
      Jennifer Henderson Keeper of the Registers, Registers of Scotland
      Jonathan McCoy Deputy Registrar, Land Registers of Northern Ireland
      Chris Pope OBE Chief Operations Officer, HM Land Registry
      John Sinclair Member, Property Law Committee and Property and Land Law Reform Sub-Committee, The Law Society of Scotland
      Is the drafting of this Bill sufficiently user-friendly for parties to property transactions and those who advise them?
    • Your members will have to advise overseas purchasers of UK land about the obligations under this Bill.
    • Will it be obvious to conveyancers acting for purchasers whether an overseas vendor is a legal person under foreign law?

    Companies House, land registries and law societies give evidence

    Retrieved on: 
    Friday, March 8, 2019
    Real property law, English property law, United Kingdom, Scotland, Department for Business, Innovation and Skills, HM Land Registry, Housing in the United Kingdom, Land registration, Registers of Scotland, English land law, Registrar, Registry

    Committee on the Registration of Overseas Entities Bill takes evidence on 11 March 2019 at 4.30pm

    Key Points: 
    • The Joint Select Committee on the Draft Registration of Overseas Entities Bill hears evidence to consider the practical consequences of the draft Bill.
    • Martin Swain Director of Policy, Strategy and Planning, Companies House
      Jennifer Henderson Keeper of the Registers, Registers of Scotland
      Jonathan McCoy Deputy Registrar, Land Registers of Northern Ireland
      Chris Pope OBE Chief Operations Officer, HM Land Registry
      John Sinclair Member, Property Law Committee and Property and Land Law Reform Sub-Committee, The Law Society of Scotland
      Is the drafting of this Bill sufficiently user-friendly for parties to property transactions and those who advise them?
    • Your members will have to advise overseas purchasers of UK land about the obligations under this Bill.
    • Will it be obvious to conveyancers acting for purchasers whether an overseas vendor is a legal person under foreign law?

    Financial crime expert and lawyers give evidence to pre-legislative inquiry

    Retrieved on: 
    Monday, March 4, 2019
    Law firms, Articles, Hogan Lovells, Jonathan Fisher, Law, English land law

    Committee on the Registration of Overseas Entities Bill takes evidence on 4 March 2019 at 4.30pm

    Key Points: 

    Professor Jonathan Fisher QC - Barrister, Bright Line Law
    John Condliffe - Partner, Hogan Lovells and Member of the Investment Property Forum, Regulation and Legislation Group
    What impact is the Bill likely to have on existing owners of UK property?

    Financial crime expert and lawyers give evidence to pre-legislative inquiry

    Retrieved on: 
    Monday, March 4, 2019
    Law firms, Articles, Hogan Lovells, Jonathan Fisher, Law, English land law

    Committee on the Registration of Overseas Entities Bill takes evidence on 4 March 2019 at 4.30pm

    Key Points: 

    Professor Jonathan Fisher QC - Barrister, Bright Line Law
    John Condliffe - Partner, Hogan Lovells and Member of the Investment Property Forum, Regulation and Legislation Group
    What impact is the Bill likely to have on existing owners of UK property?

    Call for evidence on pre-legislative inquiry

    Retrieved on: 
    Saturday, March 2, 2019
    Financial regulation, Law, Money laundering, Tax evasion, Terrorism, English property law, Ownership, Articles, English land law, Academic disciplines, Property, Trust law

    Joint Committee on the Draft Registration of Overseas Entities Bill publishes call for evidence

    Key Points: 
    • The draft Bill would establish a public register of the beneficial owners of overseas entities that own or purchase land in the UK, and require overseas entities that wish to own UK land to:
      Failure to comply with these requirements would, in most cases, prevent the entity from (i) acquiring legal title to land, and (ii) selling, leasing, or creating a legal charge (such as a mortgage) over the land.
    • The principal aim of the draft Bill is to prevent and combat money laundering in the UK property market by increasing transparency about who ultimately owns and controls overseas entities that own land in the UK, making it harder for investors to use complex and opaque legal structures for corrupt purposes.
    • Among the issues the inquiry will examine are:
      whether the public register will effectively deliver the policy aim of preventing and combatting the use of land in the UK for the purposes of laundering money or investing illicit funds,
      whether the proposed register will have a dampening effect on overseas investment into the UK property market,
      whether there are other types of entity (such as trusts) which should be included in the scope of the draft Bill, and
      whether the conditions for 'registrable beneficial owners' are appropriate.