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  1. Easements and accessing additional land
    15 Jun, 2017
    Easements and accessing additional land
    Martin Billings, partner in the Real Estate department at BrookStreet des Roches, explains how what you might consider a simple right of way, can become a complex one.  In the recent Court of Appeal decision in Gore v Naheed, the court considered the extent to which a right of way in favour of one property could be used to gain access to another property. Whilst on the facts of this case it was found that a driveway could be used to access to an adjacent parking area, it is important to
  2. Affordable homes policy 'could threaten smaller schemes'
    19 Apr, 2017
    Affordable homes policy 'could threaten smaller schemes'
    Developer John Fisher says the requirement for affordable homes on small developments could threaten the viability - and therefore deliverability - of those schemes. Mr Fisher, managing director of Thames Valley housebuilder T A Fisher, says small developers seeking to maintain a high threshold of quality could find it difficult to incorporate both affordable houses and developer infrastructure contributions on smaller projects. Government changes to national planning policy have sought to
  3. Business rates during development
    06 Apr, 2017
    Business rates during development
    Rebecca Thomas, Partner - Professional Support at law firm BrookStreet des Roches, explains recent clarification on whether  business rates are due while a building is under refurbishment. The question of whether business rates are payable while a property is being redeveloped has been determined by the Supreme Court in a decision which will be welcomed by owners and developers. Overturning the Court of Appeal decision in Newbigin (Valuation Officer) v SJ & J Monk, it was held that where a
  4. Unintended side effects of a rent concession
    29 Mar, 2017
    Unintended side effects of a rent concession
    Following a recent judgement, a rent concession on a property could now be in very different legal territory. Martin Billings and Rosie Gibb, partners in the Real Estate department at BrookStreet des Roches, explain the full implications.  It is not unusual for a rent concession to be documented in a side letter, keeping the arrangement both confidential and personal to the tenant. It is also common for a side letter to contain provisions which allow the arrangement to be terminated if the

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July 3  - July 9, 2017