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Charging Orders and Orders for Sale
/in Legal, Local Authority /by Jodie Bradfordby Kerrie Culverwell, Senior Property Solicitor A Charging Order can be sought to secure a charge in favour of a Creditor over the Debtor’s property. This method is most effective where there is substantial equity in the land or property and where the Debtor is the sole owner. This is because a charging order takes […]
Granting Rights of Way over Council Land
/in Legal, Local Authority /by Jodie Bradfordby Helen Lisney, Legal Officer Often Council’s will be asked to grant rights of way over their land. Below are the two main ways of granting such rights and the implications for each of them. Easement An easement is a right benefitting a defined area of land. An easement of right of way is a […]
When are a Local Authority’s resources relevant to carrying out a statutory duty?
/in Legal, Local Authority /by Jodie BradfordRex (Imam) v Croydon London Borough Council [2023] UKSC 45 The Appellant was a full-time wheelchair user. Since September 2014, Croydon London Borough Council provided her with temporary accommodation under Part 7 of the Housing Act 1996. The accommodation consisted of a two-storey property with a through floor lift. The Appellant’s bedroom was on the […]
Procurement Guidance Documents
/in Legal, Local Authority /by Jodie Bradfordby Kate Hiller, Legal Team Manager On 26 March 2024, the Cabinet Office published a number of guidance documents to accompany the Procurement Act 2023 and the Public Procurement Regulations 2024 that were laid before Parliament the day before. At first glance, they do appear quite helpful. It is appealing that they are all relatively […]
Applications for Adverse Possession
/in Legal, Local Authority /by Jodie Bradfordby Kerrie Culverwell, Senior Property Solicitor Following from Helen’s article concerning encroachments onto Council Owned Land. I thought it would be helpful to discuss adverse possession – which Helen notes as being a potential consequence of encroachments that are left unchallenged. Often referred to as “squatters rights” adverse possession is the act of occupying another’s […]