PSC register deadline approaching!
Further to my last post on the subject (and to some slippage in the Government's timetable for implementation), the final guidance and draft regulations have recently been published.
An easy way up the property ladder?
In June 2015, Juliet Edmondson asked a sensitive and topical question on this blog: does every Englishman really need a castle? Since the summer, issues circling it have surfaced repeatedly in the press: rising house prices, a housing shortage, the trials of generation rent and government attempts to dampen the residential market with cuts to tax reliefs and hikes on SDLT. Never before, it seems, has the property ladder (at least in parts of the country) been more treacherous, or its first rungs set so high.
Residential Management Disputes Seminar
On a cold and frosty February evening the great and the good of the residential property management scene descended on Forsters' offices at 31 Hill Street for the hotly anticipated Residential Management Disputes Seminar.
The speakers included partner Natasha Rees and solicitors Emma Gosling, Sarah Heatley and Yvonne Hills The event was hosted together with members of the Property Litigation and Residential teams.
The curious case of Mr Lindley's carrots: liability for the cost of flood damage
In December 2015, Yorkshire and Lancashire saw some of the worst floods in living memory. Described as "unprecedented" and even "biblical" by the press, the clean up costs have been estimated by insurance companies to be in the region of £5 billion.
Trump case sounds warning on planning conditions
A recent Supreme Court case involving Donald Trump's golf course in Aberdeenshire has the potential for significant ramifications in how conditions attached to planning permissions are interpreted.
The decision was the final instalment of a long running protest from Mr Trump against proposed a wind farm development off the coast of Aberdeenshire, some 3.5km from his golf course. The concern was that the development would be seen by people using the golf course, materially diminishing the amenity.
Courts have confirmed that your bank is under no duty to advise on hedging. Borrower beware!
Hedging interest rates under floating rate loan facilities are commonplace in real estate finance transactions. Whilst they tend to run alongside the initial transaction the commercial arrangements are often discussed and put in place directly between the borrower and bank without involving lawyers or other advisers.
In circumstances where the borrower is not obtaining external hedging advice, what are the bank's duties to the borrower when discussing the hedging products?
Happy Birthday Robbie Burns!
Forsters took two tables at The Society of Scottish Lawyers in London's Burns Night Supper last Thursday. Hosted at The Brewery on Chiswell Street, a tartan clad throng gathered to celebrate the 257th anniversary of the birth of the Bard of Ayrshire.
The Forsters tables included some old hands as well as a few guests and hosts alike who were experiencing the event for the first time. As an annual (but only very remotely and partially Scottish) devotee of Burns Night, I hope I speak for all when I say it certainly did not disappoint.
Residential Development at the Turn of the Year
Well 2015 was a busy, successful, and at times challenging year for the residential property industry.
This is particularly true of the new-build development sector, which has been at the forefront of recent press coverage.
Working as a solicitor in the new-build residential property sector means extensive travel, and during 2015 Forsters have visited the traditional property market investment hubs of Hong Kong, Singapore, Malaysia and Dubai, as well as investing time in emerging markets, including Taiwan, Indonesia, Thailand and China.
What happens if Banksy paints a mural on your outside wall?
If you own the freehold of the property, and there is no lease to an occupier in place, then you are free to remove and sell it at will (unless Banksy drops his anonymity and claims the copyright).
Protecting historic property from redevelopment
Recent news headlines have illustrated that developers should pay careful attention to the protection of historic buildings, or face the consequences.
The Carlton Tavern in Kilburn, North London was demolished in April this year in the expectation that the owners could then go ahead with their plans to redevelop the site for residential use.