January 9, 2018

Real Estate Bulletin - January 2018

Welcome to the January 2018 edition of the Real Estate Bulletin.

This edition brings you an update on recent decisions and legal developments affecting the property industry:

A Court of Appeal decision considers when it is possible to use a right of way that benefits one plot of land to access an adjoining plot of land despite the adjoining land not having the express benefit of the right.

The Tribunal shows its willingness to modify restrictive covenants to allow development of a private residence.

A decision in the High Court acts as a stern reminder of the Court's unwillingness to imply terms into a contract, even if such a term makes commercial sense.

Relief for landlords as the High Court rules that a tenant cannot release a right to light benefitting the property demised by the lease.

The High Court considers the type of injunctions it is prepared to grant a landowner to prohibit numerous acts of protesters against the controversial practice of fracking.

An offshore company centrally controlled and managed by its UK parent is likely to be subject to UK corporate tax. To preserve non-UK residence, internal management reviews should be considered.

  • A thank you to those of you who attended our recent seminar.

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If you have any questions or would like to discuss any of the topics further, please don't hesitate to contact the article author or your usual Clyde & Co contact.