Residential Property Updates.

By Victor Barker, Partner in the residential property team.

The Residential Development and Property Team here at Mundays are very excited to be in our new premises at 400 Dashwood Lang Road which will offer us a greater opportunity to enhance our contacts with many professionals and clients in the surrounding areas including Wentworth, Virginia Water, Ascot, Chertsey, Addlestone and Egham.

There are many new topics affecting conveyancing, including the publicity surrounding estate rent charges on new residential freehold developments and the pitfalls of such rent charges, particularly from the point of view of lenders.  It is hoped that during the Government’s current review into leasehold terms (in particular escalating ground rents) the law will be modernised on estate rent charges.

Also the Telecommunications Code came in to force in December 2017 and is very much more advantageous to telecoms operators – there are many sites in the local area where masts are currently stationed, and could be enlarged.

In an important decision the Supreme Court has upheld a new type of easement – the right to use recreational facilities e.g a golf course, swimming pool or tennis court and the general view of commentators is that the Supreme Court has now created a new species of easement.

Finally, the Courts are becoming increasingly willing to grant injunctions to cover anticipated trespass (particularly involving illegal raves, fly-tipping or traveller incursions).  An injunction can now be issued to cover persons unknown who might trespass at a future date but the orders must be precise and restricted to identifiable threats.  Provided the order is narrowly drawn and then prominently displayed on a site the Court will have no hesitation in granting an injunction to a land owner who anticipates harm causing trespass.

Further updates to follow.

The contents of this update are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this update.

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