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Author Archive: Alice Darch

Solar Panels - One Legal Pitfall!

Posted by on June 30th 2017 in Blog Posts, Commercial Property

Solar Panels - One Legal Pitfall!

The Landlord and Tenant Act 1954 (“the 54 Act”) confers security of tenure on business leases.  Security of tenure - the right of a tenant to continue to occupy premises after the lease has expired and to renew the lease, is an obvious benefit for a tenant. In the context of roof space leases, the question is posed whether such a grant could confer security under the 54 Act?

In order to benefit from the provisions of the 54 Act, a lease for solar panels must be a “business lease”. The 54 Act defines a lease as a business lease if...

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

Posted by on June 15th 2017 in Blog Posts, Property

When calculating your capital gains liability there are certain costs that are deductable under S38(1) of the Taxation of Chargeable Gains Act 1992. The following items can be deducted from your gain:-

  • The original acquisition value;
  • The value of enhancing the asset;
  • The value of establishing, preserving or defending the title and right over the asset; and
  • The incidental costs of the disposal

When you deduct all of the above from the sale price you are left with the gain which is then subject to capital gains tax.

Incidental costs of disposal include certain costs of the vendor i.e. legal fees etc; however the First Tribunal...

River Responsibilities

Posted by on May 31st 2017 in Blog Posts

River Responsibilities

If you live by certain rivers, streams or other watercourses there may be rights and responsibilities that automatically apply and which you must adhere to. Rights and responsibilities relating to such watercourses are referred to as “riparian”, and it is important to identify whether you are the ‘riparian landowner’, and to understand your rights and obligations. In cases where you lease or rent river or watercourse bordering land, it is crucial to  agree with your landlord who will  undertake those responsibilities and who will enjoy the riperian rights.

 

What part of the watercourse do you own?

If the watercourse adjoins any...

Does Possession Still Amount to 9/10 of the Law?

Posted by on May 24th 2017 in Litigation, Property

Does Possession Still Amount to 9/10 of the Law?

A series of high profile squatter claims involving expensive West London properties led to significant reform of the right for squatters to claim ownership of occupied land.  

To make a successful claim for adverse possession one must prove uninterrupted factual possession for a certain period of time. To be in factual possession a squatter must exert exclusive control over the land while treating the land as if they were the owner occupier.  There must also be intention to possess the land during the relevant period. Where the intention is equivocal, corroborative evidence will be required.

Being successful with an adverse possession...

The Bank of Mum & Dad Now in the Top 10 of Lenders

Posted by on May 10th 2017 in Blog Posts, Property

The Bank of Mum & Dad Now in the Top 10 of Lenders

With the average first-time buyer requiring a deposit of £26,000 and the average annual salary being £27,600, it is no surprise that first-time buyers are getting older (the average age has increased from 30 to 33) and the number of people buying a property on their own is decreasing (from 29% in 1994/95 to 14% in 2014/15). More people are also now buying in couples – this has increased from 63% to 80% in the same time period. Parents are predicted to lend £6.5bn to their children this year, making them one of the top ten biggest mortgage lenders in...

KNOW YOUR POLICY!

Posted by on May 2nd 2017 in Blog Posts

KNOW YOUR POLICY!

In Leeds Beckett University  v Travelers Insurance Company Ltd  [2017] EWHC 558 (TCC) Coulson J found that Travelers  were not liable to the claimant University under its insurance policy (“the policy”) because the damage caused was not considered to be accidental damage for the purpose of the policy. The judge determined that ‘accidental’ means an event that occurs by chance and is non-deliberate therefore the Insurance Company, in this case, cannot be liable for damage that was inevitable.

In this case the University built an accommodation block on the site of a former brewery – as well as redevelopment...

How To Reduce Your Inheritance Tax Bill

Posted by on January 5th 2016 in Blog Posts, Private Client

“We all want to see a system where it is only the very rich that pay inheritance tax, and not hard working people” – these were the words of David Cameron.
 

Despite these intentions, an increasingly large number of people will leave their loved ones with a hefty tax bill when they die.  The current “IHT” threshold is £325,000 and the additional nil rate band will not begin until the 6th April 2017 at £100,000 increasing in £25,000 increments annually, up to £500,000 in 2020/2021. Anything over these limits is subject to a 40% tax bill.   How then can you...

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