Commercial Property 2021

Rodell

Sujets

• Droit et juridique
• Property law

Informations

• Publié par: College of Law Publishing
• Date de parution: 01 janvier 0001
• Nombre de lectures: 0
• EAN13: 9781913226961
• Langue: English

Extrait

COMMERCIAL PROPERTY
COMMERCIAL PROPERTY
Editor
Anne Rodell MA (Cantab), Solicitor
Contributors
Stephen Allinson, Simon Barnett, Simon Halliwell,
Clare Harris, Leona Mason, Stephanie McGuiness and Anne Rodell
Published by
College of Law Publishing,
Braboeuf Manor, Portsmouth Road, St Catherines, Guildford GU3 1HA
© The University of Law 2021
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
Crown copyright material is licensed under the Open Government Licence v3.0.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 978 1 913226 84 8
Typeset by Style Photosetting Ltd, Mayfield, East Sussex
Tables and index by Moira Greenhalgh, Arnside, Cumbria
Preface
The aim of this book is to provide law students with a comprehensive introduction to the areas of property law particularly relevant to commercial property.
Part I of the book deals with areas relevant to property acquisition and development. These include structures for joint ownership, arrangements for funding, contractual arrangements with the seller, the need for planning permission, environmental considerations, contractual arrangements with members of the construction team and taxation. Part II takes the reader through the grant of a commercial lease, the assignment of that lease and its termination. Part III deals with the law relating to property and insolvency.
Although we hope that this book will provide a useful guide to trainee solicitors and others involved in commercial property work, it is primarily intended to complement the Stage 2 Advanced Real Estate Law and Practice elective on the Legal Practice Course. This elective is only undertaken once the Stage 1 Real Estate Law and Practice course has been completed. Apart from the matters specifically mentioned in Part I of this book, the conveyancing process for the transfer and leasing of commercial property is as described in the Legal Practice Guide entitled Property Law and Practice accompanying the Stage 1 course, so the conveyancing process is not dealt with in this book.
The University of Law would like to thank the Practical Law Company for authorising the use of the following documents in this book:
• Practice note on Overage Payments < http://uk.practicallaw.thomsonreuters.com/4-200-2514 > ( Chapter 3 )
• Lease of part: office (complies with Lease Code 2020) ( Appendix 4 )
• Diagrams on procurement < http://uk.practicallaw.thomsonreuters.com/0-367-5966 > and linked documents ( Chapter 10 )
The current team of authors would like to acknowledge the valuable contributions made by Paul Butt, Neil Duckworth, Susannah Herbert, Sue Highmore, Lucy Morton, Vanessa Ralph, Fiona Sawyer, Hayley Tam, Robert Tam, Julie Vaughan, Helen Watson and Matthew White to earlier editions of this book and by John Grimbley to this edition. The current team of authors bears responsibility for any failings in this edition.
The law is as stated as at 1 September 2020.
Anne Rodell
The University of Law
Guildford
About the Contributors
Stephen Allinson is a solicitor and Licensed Insolvency Practitioner. Prior to setting up his own consultancy, he was a partner and head of the Business Recovery and Insolvency departments at a major law firm. As well as acting as a Consultant to the legal profession, he also pursues many other projects in the legal, insolvency and credit fields and is a Tutor at the University of Law. Stephen was appointed Chairman of the Board of The Insolvency Service in January 2017 and is also the Chairman of the Joint Insolvency Examination Board (JIEB), the Deputy Independent Examiner for the Institute and Faculty of Actuaries, and one of the Chairmen of the Methodist Church Disciplinary Process. He has written the leading book on enforcement of judgments and he has also contributed to other University of Law business and commercial texts.
Simon Barnett is a Senior Lecturer at the University of Hertfordshire and serves as Deputy Programme Leader of the LLM Legal Practice. He qualified as a barrister in 1991 and was a Senior Lecturer at the Royal Agricultural College, Cirencester. He has also worked as an in-house legal adviser to several registered charities and as a sole practitioner. He has advised on legal matters in Nigeria, Kenya, Estonia, Lithuania, Malta, the United States and France. He has authored a book on Equity and Trusts and also teaches Wills and Administration, Property Law and Practice and the Private Client elective on the Legal Practice Course.
Simon Halliwell is a leading non-contentious construction law specialist who has worked on some of the largest construction projects both in the UK and internationally, acting for major developers, investment banks, blue-chip commercial organisations and governmental institutions. He founded www.constructionlawexpert.com as a niche construction law practice in November 2012 after over a decade of working at major global law firms in the City of London. After graduating with a law degree from Trinity Hall, Cambridge University, he joined ‘magic circle’ law firm, Linklaters LLP, and qualified into the non-contentious construction law department in 2003. Following moves to leading US law firm King & Spalding International LLP and Herbert Smith Freehills LLP, Simon set up www.constructionlawexpert.com and joined the long-established family firm of John J Halliwell & Co Solicitors as a partner in November 2012.
Clare Harris is a Senior Lecturer at the University of Law. She qualified as a solicitor in 1994, working as a commercial property lawyer for Edge Ellison (now Squire Patton Boggs) and NatWest Bank. In 2001 she moved to the University of Law where she currently teaches property law and advanced property law. Clare is co-author of Property Law and Practice .
Leona Mason is a Senior Lecturer at the University of Law. She qualified as a solicitor in 1982 and was a partner in Underwood Solicitors LLP until 2004, specialising in property finance and secured lending. At the University, she teaches at the Moorgate Centre and has designed courses in Property Law & Practice and Finance & Capital Markets.
Stephanie McGuiness has been a Senior Lecturer at the University of Law since 2006, having trained and practised at Herbert Smith. At the University, she has taught on both the LPC (Property Law and Practice) and GDL (Contract) programmes and now teaches on the Professional Skills courses and Professional Development courses.
Anne Rodell is an Associate Professor at the University of Law. She qualified as a solicitor in 1989 and was an assistant solicitor in the Real Estate Department of Linklaters LLP until 1998. At the University, she teaches courses in Land Law, Real Estate and Advanced Real Estate and is co-author of Property Law and Practice .
Contents
PREFACE
ABOUT THE CONTRIBUTORS
TABLE OF CASES
TABLE OF STATUTES
TABLE OF SECONDARY LEGISLATION
LIST OF ABBREVIATIONS
Part I SITE ACQUISITIONS
Chapter 1 THE COMMERCIAL CONTEXT Anne Rodell
1.1 What is commercial property?
1.2 Who buys commercial property?
1.3 Buying commercial property jointly
1.4 Methods of structuring a property joint venture
Review activity
Chapter 2 OBTAINING PROPERTY FINANCE Leona Mason
2.1 Methods of finance
2.2 Debt finance
Review activity
Chapter 3 MATTERS OF CONTRACT Anne Rodell
3.1 The contract of sale
3.2 Different types of contract
3.3 Overage
3.4 Future developments
Review activity
Chapter 4 PLANNING CONTROL John Grimbley & Anne Rodell
4.1 The planning system
4.2 When is planning permission needed?
4.3 Planning permission
4.4 Application to the local planning authority
4.5 Appeals against adverse planning determinations
Review activity
Chapter 5 PLANNING OBLIGATIONS AND COMMUNITY INFRASTRUCTURE LEVY John Grimbley & Anne Rodell
5.1 Introduction
5.2 Planning obligations
5.3 Government policy
5.4 Unilateral undertakings
5.5 Modification and discharge of planning obligations
5.6 Community Infrastructure Levy
5.7 Community Infrastructure Levy and planning obligations
5.8 Practical points
Review activity
Chapter 6 ENFORCEMENT OF PLANNING CONTROL John Grimbley & Anne Rodell
6.1 Introduction
6.2 Definitions and time limits
6.3 Certificates of lawful use or development (ss 191–192)
6.4 Right of entry for enforcement purposes (ss 196A–196C)
6.5 Planning contravention notice (ss 171C–171D)
6.6 Breach of condition notice (s 187A)
6.7 Enforcement notice (ss 172–182)
6.8 Stop notice and temporary stop notice (ss 183–187 and ss 171E–171G)
6.9 Injunctions (s 187B)
6.10 Appeals against enforcement notices (ss 174–177)
Review activity
Chapter 7 COMPULSORY PURCHASE AND COMPENSATION Simon Barnett
7.1 Introduction
7.2 Inverse compulsory purchase
7.3 Compulsory purchase procedure – the stages of compulsory purchase
7.4 Compulsory purchase compensation
7.5 Injurious affection
7.6 Disturbance compensation and additional payments
Review activity
Chapter 8 ENVIRONMENTAL ISSUES
8.1 Introduction to environmental law
8.2 Environmental risk management
8.3 Contaminated land
8.4 Nuisance
8.5 Environmental Damage Regulations
8.6 Environmental permitting and regulation
8.7 Climate change law and energy performance
8.8 Regulatory Enforcement and Sanctions Act 2008
8.9 Asbestos
8.10 Japanese knotweed
8.11 Flood risks
8.12 Sentencing guidelines: environmental offences
8.13 Environment Tribunal
Review activity
Chapter 9 SEARCHES AND ENQUIRIES Anne Rodell
9.1 Local search and enquiries
9.2 Planning matters
9.3 Drainage
9.4 Highways
9.5 Railways
9.6 Utilities
9.7 Contaminated land
9.8 Comm