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Entering into property transactions without expert legal advice is always a hostage to fortune. A restaurateur found that out after he was dishonestly induced to enter into an illegal sub-lease of commercial premises by a businessman whom he trusted as a friend.
Preservation of heritage assets is an important objective of the planning regime and even minimal harm to their setting will be weighed in the balance against developers.
Because of the nature of our business, we sometimes hear stories where our clients are going through a particularly challenging or stressful time. Coles Miller Moments allows us to support our clients by giving them a little something to brighten up their day and give them confidence when they need it most.
Restrictions on the use to which land can be put do not always stand the test of time and that is why the law permits their discharge or modification. In a case on point, the Upper Tribunal (UT) opened the way for construction of new homes on a site which had hitherto been protected from development.
A developer wished to build up to 330 new homes on farmland but faced opposition from the local authority and a regional branch of the Campaign to Protect Rural England.
A repossessed property is a home that’s been seized by the lender because the owner failed to pay the mortgage. The property is then sold to recoup the lender’s money. The lender usually wants to sell quickly which means you could get a bargain.
Sham legal documents are created for all sorts of nefarious purposes, but judges are thankfully well practised at spotting them. In a case on point, a bogus lease created with the intention of evading business rates failed to convince the High Court.After receiving non-domestic rates demands for over £62,000 from a local authority, a commercial property owner claimed that it had not been in rateable occupation of the premises during the relevant period, having leased them to a corporate tenant.
Public authorities are bound by procurement rules of ever increasing complexity in their commercial dealings with the private sector. The Court of Appeal, however, managed to find its way through the maze in ruling that the lease of advertising hoardings on local authority-owned land fell outside the regulatory regime.
The mere fact that a development proposal may encounter difficulties and eventually prove undeliverable does not generally justify a refusal of planning permission. The High Court made that point in breathing new life into plans to construct a whole new neighbourhood of 1,200 homes.
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