The In-House Lawyer

Real estate


Fishing from a jetty? Relevance and disclosure in property disputes

A hypothetical transaction lies at the heart of most valuation exercises, whether a capital valuation or a rental valuation. The parties must address a negotiation on assumed facts, based on ground rules set out in ... Read more

Real estate guarantees: a guide to good harvesting

The ongoing House of Fraser sale and leaseback litigation (see box on p61), now due to be heard on 14 June 2011 in the Court of Appeal, brings into sharp focus the issues that can ... Read more

Rights of light: what you need to know post-Heaney

HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010] has been described by one leading rights of light surveyor as the '9/11' of the rights of light world. Heaney has indeed dramatically changed the way ... Read more

Planning, localism and the new economy

The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply improvement and sorely needed growth in the regions independent of financial wizardry. There has ... Read more

How does competition relate to real estate?

Real estate may not be your business; even so, it will almost certainly be an asset used by your business. Competition issues in the real estate context may not previously have featured particularly prominently. This ... Read more

Rights of light in cities: injunctions and damages

As growth in the UK’s major business centres begins to increase once again, Caroline DeLaney explains the problems associated with high-rise developments in terms of recent case law, and provides guidance for those brave enough ... Read more

Landlord and undertenant insolvency: the sandwiched tenant

The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to ... Read more

New government consultation papers on the planning system

On 21 December 2009 the Department of Communities and Local Government (DCLG) published two new consultations as part of the government’s response to the Killian Pretty Review. Improving the use and discharge of planning conditionsThe ... Read more

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