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4 King’s Bench Walk

Experts

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

Is it possible for the parties in family proceedings to make a joint application to vary an order for sale?
Is it possible for the parties in family proceedings to make a joint application to vary an order for sale?
Q&As

Is it possible for the third party’s half share to be held as tenant in common and the couple’s share to be held as joint tenants?
Is it possible for the third party’s half share to be held as tenant in common and the couple’s share to be held as joint tenants?
Q&As

Is it possible to acquire a residential registered property by adverse possession now that squatting in a residential property is a crime?
Is it possible to acquire a residential registered property by adverse possession now that squatting in a residential property is a crime?
Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?
Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?
Q&As

Is it possible to form a contract via WhatsApp messages and/or using emojis?
Is it possible to form a contract via WhatsApp messages and/or using emojis?
Q&As

Is it possible to grant a lease supplemental to a tenancy under the Agricultural Holdings Act 1986 (AHA 1986)? If it is possible, will the supplemental lease be an AHA 1986 tenancy or a farm business tenancy under the Agricultural Tenancies Act 1995?
Is it possible to grant a lease supplemental to a tenancy under the Agricultural Holdings Act 1986 (AHA 1986)? If it is possible, will the supplemental lease be an AHA 1986 tenancy or a farm business tenancy under the Agricultural Tenancies Act 1995?
Q&As

Is it possible to grant a power of attorney on a sale and purchase agreement, which allows that individual to grant a voting power of attorney?
Is it possible to grant a power of attorney on a sale and purchase agreement, which allows that individual to grant a voting power of attorney?
Q&As

Is it possible to grant an express easement where the owner of the dominant land is not party to the deed of grant?
Is it possible to grant an express easement where the owner of the dominant land is not party to the deed of grant?
Q&As

Is it possible to have an underlying declaration of trust for a joint tenancy of a property which alters the division of ownership between the joint owners from the usual 50:50 share?
Is it possible to have an underlying declaration of trust for a joint tenancy of a property which alters the division of ownership between the joint owners from the usual 50:50 share?
Q&As

Is it possible to rely on two facts under section 1(2) of the Matrimonial Causes Act 1973 (adultery and unreasonable behaviour) to prove the irretrievable breakdown of the marriage?
Is it possible to rely on two facts under section 1(2) of the Matrimonial Causes Act 1973 (adultery and unreasonable behaviour) to prove the irretrievable breakdown of the marriage?
Q&As

Is it possible to vary a Mesher order by consent where the non-occupying party has agreed to an extension of the timescale for a transfer to take place in exchange for a further percentage of the net equity?
Is it possible to vary a Mesher order by consent where the non-occupying party has agreed to an extension of the timescale for a transfer to take place in exchange for a further percentage of the net equity?
Q&As

Is it still possible to reserve a right to hunt over land following the Hunting Act 2004 (which limits drag hunting) and how best can this right be reserved (eg by licence, lease of rights or profit a prendre)?
Is it still possible to reserve a right to hunt over land following the Hunting Act 2004 (which limits drag hunting) and how best can this right be reserved (eg by licence, lease of rights or profit a prendre)?
Q&As

Is planning permission required for a shepherd's hut on land or for general camping in the summer for someone's own personal enjoyment?
Is planning permission required for a shepherd's hut on land or for general camping in the summer for someone's own personal enjoyment?
Q&As

Is section 19 of the Housing Act 1985 approval needed if the relevant land identified for housing is currently a bare piece of land within an existing housing estate?
Is section 19 of the Housing Act 1985 approval needed if the relevant land identified for housing is currently a bare piece of land within an existing housing estate?
Q&As

Is the appointment of a guardian in a Will effective where the child has a parent who has parental responsibility for them?
Is the appointment of a guardian in a Will effective where the child has a parent who has parental responsibility for them?
Q&As

Is the new landlord or a property subject to commercial leases liable to pay back overpayment of service charges to the tenants where the previous landlord overcharged during its period of ownership. We are aware that landlords of both old and new leases are not directly liable for breaches of landlord covenants committed before completion. However, is the service charge overcharging a breach of a landlord covenant to which this applies?
Is the new landlord or a property subject to commercial leases liable to pay back overpayment of service charges to the tenants where the previous landlord overcharged during its period of ownership. We are aware that landlords of both old and new leases are not directly liable for breaches of landlord covenants committed before completion. However, is the service charge overcharging a breach of a landlord covenant to which this applies?
Q&As

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?
Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?
Q&As

Is the procedure for statutory redemption of a rentcharge definitive against all potential beneficiaries? Where a certificate of redemption is obtained, is this effective if a previously unknown beneficiary later comes forward?
Is the procedure for statutory redemption of a rentcharge definitive against all potential beneficiaries? Where a certificate of redemption is obtained, is this effective if a previously unknown beneficiary later comes forward?
Q&As

Is the requirement to provide a tenant with the ‘How to Rent Guide’ met if the tenant has been emailed a link to the guide rather than attaching the guide to the email? If an engineer leaves a copy of the gas certificate at a property, while the tenant is present, does this satisfy the pre-requirements for a section 21 notice?
Is the requirement to provide a tenant with the ‘How to Rent Guide’ met if the tenant has been emailed a link to the guide rather than attaching the guide to the email? If an engineer leaves a copy of the gas certificate at a property, while the tenant is present, does this satisfy the pre-requirements for a section 21 notice?
Q&As

Is the seller’s solicitor in a residential conveyancing transaction under an obligation to certify to the buyer’s solicitor that the seller has lawful authority to sell the property? Is such an obligation implied by Patel v Freddy’s Ltd?
Is the seller’s solicitor in a residential conveyancing transaction under an obligation to certify to the buyer’s solicitor that the seller has lawful authority to sell the property? Is such an obligation implied by Patel v Freddy’s Ltd?
Q&As

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