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Protecting the castle

12 June 2015
Issue: 7656 / Categories: Features , Property
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Could conservation wishes change property law, asks Brie Stevens-Hoare QC

We say “an Englishman’s home is his castle” demonstrating our strong connection to land we own. We resist interference with our control over our own property. This was exemplified recently by the painting of candy stripes on a multi-million pound Kensington property. However, at the same time, we enjoy the few wide open spaces we have and some of the best architectural and/or historic buildings in the world. The need to preserve our physical heritage, the land and the buildings, is probably better understood now than it has ever been in the past.

Perpetual obligations

One way to protect what we value is to impose obligations on land that run with the land and therefore long into the future, through numerous generations. However, English law has long been resistant to the imposition of perpetual obligations on land. The law imposes strict pre-conditions that determine whether a covenant will run with the land to bind the covenantor’s successors in title and who can enforce the covenant. The

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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