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12 June 2015
Issue: 7656 / Categories: Features , Property
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Protecting the castle

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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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