XXIV Old Buildings

Where a transfer of part of registered land has been completed but cannot be registered because consent is required under a registered restriction which has not been granted, does the transferor hold the transferred part as bare trustee for the transferee and should a restriction in Form A be registered to reflect such trust?

Where dominant land has a right of way over servient land with an obligation to contribute to maintenance costs, but there is no obligation on the servient owner to repair, or right for the dominant owner to enter and repair, are there any common law rights on which the dominant owner can rely as the corporate servient owner is now dissolved?

Where power is reserved to an executor, is a deed of appointment of new trustees executed only by the proving executor, sufficient to appoint additional trustees to act in a continuing will trust?

Where property is appointed out of a discretionary Will trust to the surviving spouse within two years of death, will the estate of the surviving spouse still be able to benefit from her deceased’s husband’s unused nil rate band on her subsequent death? The Will trust had been formally created and contained a share of a property.

Where registered freehold land is subject to pre-existing long residential leases, is the consent of any lessee required to the grant and/or registration of the lender’s charge on a re-mortgaging of the freehold land? The long leases make no mention of this and the freehold deeds are also free of any such requirement.

Where the extent of land has been incorrectly registered—with some missing—and the adjoining owners will not cooperate in clarifying the situation, can a caution be registered against the adjoining owner’s unregistered land to ensure we are notified when it is registered?

Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?

Where the rent payable under an assured shorthold tenancy is inclusive of services (such as a broadband connection), can the services be suspended where the tenant is in arrears of rent?

Where there is a landlord (freeholder), concurrent tenancy (long lease) and original tenancy (short lease), if the original tenancy comes to an end, and the concurrent tenant (intermediate landlord) then grants a new lease of the property, will this new lease be a ‘subtenancy’, ie will the usual relationship of head landlord, landlord and subtenant exist?

Who is responsible for Legionella testing under Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677, (COSHH)—a tenant with a full repairing lease or the Landlord?

Would it be unreasonable and/or valid for an assignor to act as a guarantor (under the terms of an AGA) for the assignee for any period of holding over under a protected business tenancy.