In recent weeks there has been a deal of press and public indignation over ground rents that can double or more overnight. It is an issue that may be harbouring an avalanche of negligence claims against solicitors, according to Joshua Munro, a barrister at Hailsham Chambers.
He writes: “Purchasers of long-leasehold interests in property may regard themselves as the ‘owners’ of the property. However, many thousands have discovered that they are subject to covenants in favour of freeholders.
“When the true position is found out as to increasing ground rent liabilities, it is very likely that the long-leasehold owners will want to make claims. The problems are often remediable, via leasehold enfranchaisement and acquisition of a share of freehold, or an extension of the long lease’s term with reduction of ground rent to a peppercorn.
Developers have been warned of the importance of ascertaining the details of rights of way and covenants before purchasing land for redevelopment.
The Construction Industry Council (CIC) has published a new Users’ Guide to Adjudication, which replaces the previous guide from the Construction Umbrella Bodies Adjudication Task Group, produced in 2003.
Research carried out by insurance company Churchill has revealed that 13 million homeowners have needed unexpected building work completed on their property since moving in. Over half of those who had major building work said knowing that in advance would have influenced their decision to buy the property.
The Royal Borough of Greenwich has welcomed the decision to dismiss a claim for Judicial Review of the council’s decision to grant planning permission for the Enderby Wharf development in 2015. The Claimant was granted permission to bring the claim earlier this year on the grounds that the Council had (allegedly) failed to require an assessment of the cumulative effects of the proposed development on air quality in the immediate area.