Discharge of restrictive covenants for childminding business

In a recent decision by the Upper Tribunal (Lands Chamber) Johnson, Re [2022]), it was ordered that two restrictive covenants that burdened a detached two-storey house be modified under section 84(1) of the Law of Property Act 1925, to allow it to be used as an Ofsted registered childminding business. The title to Mr and Mrs Johnson’s house at 44 Knights Hill, Aldridge, Walsall was burdened by two restrictive covenants: one prevented use of the house for most trades and businesses and the other required it to be used as a private dwellinghouse only. The Johnsons applied to the Upper Tribunal requesting modification of both restrictions to allow it to be used for a childminding business. Despite service of publicity notices, it had not proved possible to identify the beneficiary of the covenants. The local planning…

Farmers – are you on top of your EPC obligations?

It is common for farmers to supplement their incomes by renting out buildings on their land. All well and good, but in April 2020 new rules were introduced making it illegal, subject to some exemptions, to let a private rented property with an energy performance certificate (EPC) rating of less than E. So, what are the implications of this for farmers and are there any exemptions that they can take advantage of? Andrew Little, agricultural law specialist at Ware & Kay in York & Wetherby, reports. The Minimum Energy Efficiency Standards (MEES), under which an EPC is assessed, require anyone with a private rented property with a rating of F or G to undertake improvements to bring it up to an E rating before they can rent it out. The rules only usually apply to buildings…

Understanding your rights: the thorny issue of rights of way

Disputes over rights of way typically flare up where there is a change in how the right is being used, typically a consequence of development of land or intensification of existing use. At the risk of over simplifying an area of law that is far from straightforward, rights of way can be granted by deed to a property or they may be created by long use for 20 years. Rights that are granted may be limited by words e.g. a right for agricultural use only. Rights acquired by use will be limited by the extent and nature of use over the years e.g. a right of way that  has always been used to access your neighbour’s land on foot can only ever be a footpath.   Diversification and changing use of farms and farmland is a…

Local land charges, your questions answered

It takes between eight and twelve weeks on average to complete the purchase of a new home. Many factors determine how long the conveyancing process will take. However, solicitors frequently cite the local land charges search as a cause of delay. But what are local land charges, and why do they matter? ‘The local land charges search is an important part of the checks we carry out for home buyers,’ explains Holly Stevens, Director & Head of Residential Property with Ware & Kay, York. ‘It reveals whether your new home is affected by certain restrictions or charges, which could impact on its value or future use.’ Here she takes a closer look and answers some of your questions, including how to speed things up. What are local land charges? Legislation sets out the various categories of…