Covenant not to erect additional buildings did not stop the demolition and replacement of a building

In the case of McDonagh v Reeve [2023], the Court decided that the demolition of a property and its replacement with a substantially bigger building was not a breach of covenant. The parties in the case were Mr and Mrs McDonagh who owned Rose Cottage in Poole. The neighbour of the adjoining property was Karen Reeve.  Ms Reeve’s property had benefit of a restrictive covenant which was binding on Rose Cottage and provided that 'no additional buildings whatsoever' should 'at any time be erected' on the land. Mr and Mrs McDonagh applied to the Court for a declaration that their proposed demolition of the current building on their land and its replacement by a substantially larger building, for which they had received planning consent, would not amount to a breach of that covenant. The court…

Registered and unregistered land, what is the difference?

There are two systems of recording ownership of land in England & Wales; registered & unregistered.  Whether your land is registered or unregistered can have a major impact, & not only when you come to sell. Holly Stevens, Director & Head of Residential Property at Ware & Kay in York, considers the implications.  Registered land, an overview The Land Registry keeps a register of all registered land, which is indexed on a map. This register contains information on approximately 24 million properties.  Within this overall register, the Land Registry allocates properties their own unique number & individual register.  Each individual register includes three sections: ‘proprietor register’ - contains ownership information; ‘property register’ - contains a description of the property, linked to a map; & ‘charges register’- contains details of any mortgages or charges affecting…

Risky business - why farmers should make a lasting power of attorney

Farming is a high-risk business with the agriculture, forestry and fishing sector topping the table for workplace injuries according to the most recent Health and Safety Executive figures. If you are the key person who makes decisions and holds the purse strings on your farm and you get injured or lose mental capacity, your farming business could grind to a halt: workers and suppliers could not be paid, bank accounts may become inaccessible, and loan or mortgage payments could fall into arrears. With this in mind, more and more farmers are making a lasting power of attorney to protect their business interests, to ensure their farm continues to flourish should they become incapacitated, as Laura Carter, Wills & Probate Solicitor and agricultural specialist at Pearsons & Ward Solicitors in Malton (part of Ware & Kay…

'Like being on display in a zoo': what are the consequences of the Tate Modern court ruling?

The Fearn v Tate Gallery Supreme Court decision in February 2023 received considerable coverage in the press not least because of the high profile nature of the defendant. How much will this case impact on nuisance disputes between neighbours? The claim was brought by the owners of long leasehold flats in a development directly opposite the new extension of the Tate Modern. One of the features of the building was a viewing gallery which enabled visitors to see straight into flats with visitors frequently looking into the flats and taking photographs and, less frequently, using binoculars. The claimants applied to the court for an injunction requiring the Tate to prevent members of the public from observing their flats on the grounds of nuisance. They also claimed a breach of their rights under article 8 of…