This highly regarded and frequently cited title, first published in 1839, is a detailed analytical text that interprets statute and case-law and suggests solutions to the many problems that may arise. The authors provide summaries and informed examination of case law to help make clear the main themes of the law of easements and their subtle variations and exceptions. Gale on Easements: Interprets both statute and case law, suggesting solutions to problems which may arise in practice Sets out what constitutes an easement and goes on to focus on particular types, such as right of light, rights of way, air and support, boundaries and access to neighbouring land Traces cases to the present day from an historical point of view Explains the development of the law via in-depth analysis of latest case law Offers remedies and advice for when an easement has been disturbed Provides summaries and examination of case law, including a wide range of Commonwealth cases Goes through the ways easements can be created Examines the how easements can be extinguished Defines what amounts to disturbance of easements and identifies the available remedies This 21st edition brings the reader up to date on the key caselaw developments since the last edition in 2016, including: The decision of the Supreme Court in the Regency Villas case, which reviewed the essential characteristics of an easement as originally identified in Re Ellenborough Park which clarifies numerous points Plymouth (Earl of) v Rees in the Court of Appeal which considered the implied limitations on an apparently wide right of entry reserved in a lease and set out the principles to be applied in construing such reservations Welford v Graham in which the burden of proof in prescription claims was elucidated The rule in Harris v Flower that a right of way may only be used for gaining access to the land identified as the dominant tenement in the grant continues to give rise to problems at the margins. Gore v Naheed says that it is all a matter of construction. Whether this enables all the authorities to be reconciled is discussed in detail Poste Hotels Limited v Cousins and London Borough of Brent v Malvern Mews which provided an interesting pair of decisions about when the court should grant a negative declaration; in one such a declaration was not granted and in the other it was Plus analysis of the many other decisions both at first instance and on appeal which illustrate established principles.

This is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases. Key features of the mainwork: Explores the obligations of landlord and tenant with regard to the state and repair of property Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law It considers the rules in relation to both landlord and tenant and both commercial and residential property Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law Commentary is supported by relevant forms and precedents in the appendices The renowned author team offer a practical five-question approach to analysing the basic repairing covenants The first supplement to the seventh edition of Dilapidations: The Modern Law and Practice brings the mainwork up to date with the latest developments including: Coldunell v Hotel Management International [2022] EWHC 1290 (TCC) Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20 Khan v Mehmood [2022] EWCA Civ 791 Anchor Hanover Group v Cox [2023] UKUT 14 (LC) Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC) Tanner v Moss [2022] CSOH 33 Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849 A number of recent decisions from Australia and New Zealand that may be of some interest to the practitioner are also included. These cases show not only how dilapidations questions are dealt with in those jurisdictions but are also a possible source of ideas and arguments.

Preston and Newsom provides comprehensive guidance on the effect, enforcement, modification and removal of covenants restricting the use of freehold land. It also considers user covenants in leases, rentcharges, easements, and other rights. Explains how the benefit of covenants can pass to new owners and occupiers of benefited land Explains when new owners and occupiers of registered and unregistered land should comply with restrictive covenants Explains schemes of mutually enforceable restrictions Considers the effect of user covenants in rentcharges and easements Gives practical advice on drafting effective restrictive covenants and schemes Reviews numerous cases on the meaning of particular covenants Applies important recent case law on the interpretation of legal documents to covenants Considers powers of nominated persons to release restrictions and to approve plans Considers what activities breach a wide variety of typical restrictions Discusses the merits and risks of asking the court for an injunction Explains recent legal developments about whether damages can be awarded instead of an injunction and what damages can be awarded Explains the special court procedures for a universal declaration about whether a covenant continues to be effective; who is affected by it; and whether it prevents a particular project Explains the power and judicial discretion of the Upper Tribunal to modify or terminate restrictions Explains who can apply to the Tribunal and who can object Explains the preliminary and hearing procedures of the Lands Chamber of the Upper Tribunal Explains the Tribunal’s special procedures in covenant proceedings Explains how the titles of objectors can be challenged in the Upper Tribunal or in the courts Considers in detail what sorts of restrictions can be modified in what circumstances Reviews many Tribunal decisions and explains what compensation can be awarded Explains how the Tribunal decides whether to award costs in covenant proceedings Explains the criteria and procedure for appealing Upper Tribunal decisions Considers other ways in which covenants can be altered, limited, suspended or ended Includes appendix materials containing relevant statutes, procedural rules, practice directions, standard forms, practice statements and up-to-date tables of Upper Tribunal decisions from the last 10 years Includes references to a variety of relevant court decisions and statutes in commonwealth jurisdiction

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject. The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited. Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them Includes extensive case referencing, showing how the law can be applied in practice Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges A repository of historical material that cannot easily be found elsewhere Authoritative text frequently cited in court and drawn on by parliamentary draftsmen

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject. The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited. Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them Includes extensive case referencing, showing how the law can be applied in practice Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges A repository of historical material that cannot easily be found elsewhere Authoritative text frequently cited in court and drawn on by parliamentary draftsmen

Now in its seventh edition, Hague on Leasehold Enfranchisement remains the definitive source on the law and procedures to follow for enfranchisements involving houses, collective enfranchisement of flats and the individual right to a new lease. The authors expertly guide the reader through all the major legislation including the Leasehold Reform Act of 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full. Precedents and worked examples are also included and statutory material can be found in the appendices, so the reader knows precisely what the law requires and what necessary action to take. Hague’s practical approach guides the reader through the process of acquiring the freehold from qualifying premises, tenancies and persons to terms of acquisition and valuation Covers all major legislation including the Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full The authors analyse the major decisions and apply them to the principles of the law and practice The book aims to clarify common problems and offer clear insight into the practical application of the law This highly regarded text is frequently cited in court The authors’ lucid style and structure means the book is suitable for lawyers, landlords or tenants Contains a full complement of precedents further assisting the busy practitioner This Supplement brings the Seventh Edition up to date, by including all the new cases decided in the period of more than three years since it was published. These include a number of important Court of Appeal, High Court, and Upper Tribunal decisions. The Appendices have also been updated. Practitioners dealing with existing claims, pending anticipated changes - if and when the new Bill is passed - will find it invaluable.

Now in its seventh edition, Hague on Leasehold Enfranchisement remains the definitive source on the law and procedures to follow for enfranchisements involving houses, collective enfranchisement of flats and the individual right to a new lease. The authors expertly guide the reader through all the major legislation including the Leasehold Reform Act of 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full. Precedents and worked examples are also included and statutory material can be found in the appendices, so the reader knows precisely what the law requires and what necessary action to take. Hague’s practical approach guides the reader through the process of acquiring the freehold from qualifying premises, tenancies and persons to terms of acquisition and valuation Covers all major legislation including the Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993 and subsequent legislation in full The authors analyse the major decisions and apply them to the principles of the law and practice The book aims to clarify common problems and offer clear insight into the practical application of the law This highly regarded text is frequently cited in court The authors’ lucid style and structure means the book is suitable for lawyers, landlords or tenants Contains a full complement of precedents further assisting the busy practitioner This Supplement brings the Seventh Edition up to date, by including all the new cases decided in the period of more than three years since it was published. These include a number of important Court of Appeal, High Court, and Upper Tribunal decisions. The Appendices have also been updated. Practitioners dealing with existing claims, pending anticipated changes - if and when the new Bill is passed - will find it invaluable.

Now in its 16th edition, Muir Watt & Moss: Agricultural Holdings provides a comprehensive and authoritative discussion of the legal principles relating to agricultural tenancies with examples as to how the principles apply in practice, using relevant case law and secondary materials. With comprehensive treatment of both the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, the commentary is supported by appendices including relevant statutes, statutory instruments, non-prescribed forms, and details of statutory forms available online. Importantly, the appendices also contain procedural tables, taking the reader through the steps required in a variety of statutory procedures and applications. Key features: A definitive work with a strong established reputation – it has been a leading authority since it first published in 1912 Deals comprehensively with each of the two statutory regimes governing agricultural tenancies – the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986 – and explains which applies The principles and case law under both Acts receive full analysis, with explanations of the different types of tenancy and the rules applying to each Deals with such matters as tenancy creation, rent review, repairs and maintenance, removal of fixtures, security of tenure, succession, and termination Explains the contractual and statutory obligations and rights of both landlord and tenant Addresses the key practical issues confronting a landlord or tenant, such as whether fixtures can be removed, whether and if so, how much compensation is available when a tenancy is terminated, how rent is to be reviewed and what happens on death or retirement Gives guidance on effective service of notices under each Act The detailed procedural tables help ensure the correct procedures are followed and appropriate deadlines in relation to termination, succession, compensation, and variation of rent are met

This is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases. Key features of the mainwork: Explores the obligations of landlord and tenant with regard to the state and repair of property Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law It considers the rules in relation to both landlord and tenant and both commercial and residential property Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law Commentary is supported by relevant forms and precedents in the appendices The renowned author team offer a practical five-question approach to analysing the basic repairing covenants The first supplement to the seventh edition of Dilapidations: The Modern Law and Practice brings the mainwork up to date with the latest developments including: Coldunell v Hotel Management International [2022] EWHC 1290 (TCC) Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20 Khan v Mehmood [2022] EWCA Civ 791 Anchor Hanover Group v Cox [2023] UKUT 14 (LC) Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC) Tanner v Moss [2022] CSOH 33 Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849 A number of recent decisions from Australia and New Zealand that may be of some interest to the practitioner are also included. These cases show not only how dilapidations questions are dealt with in those jurisdictions but are also a possible source of ideas and arguments.

Business Premises: Possession and Lease Renewal provides clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises, and how a tenant can oppose such action or renew the lease. Written from the litigator’s point of view, this guide covers a comprehensive range of areas including termination, non-payment of rent, licenses, forfeiture, proceedings for possession and applications for new tenancies. Key features: Clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises and how a tenant can oppose such action or renew the lease Takes the practitioner step-by-step through the process, with guidelines on correct procedures to adopt, evidence required, and orders the court may make Fully updated with key case law developments since the last edition and how they impact process and procedure Reproduces specimens of essential forms, letters, draft pleadings, notices and affidavits and directly refers to them throughout New to this edition: Greater clarity over the contracting out provisions Supreme Court guidance on the test for intention in cases under s30(1)(f) Cases on tenancies at will, effectiveness of heads of terms in creating new leases, signatures on emails, forfeiture, notices, redevelopment clauses. Revised chapter on Electronic Communications Code to take on board a number of developments

Service Charges and Management provides comprehensive coverage of the law relating to service charges and the management of commercial and residential leasehold, freehold and commonhold property. It identifies the types of dispute which occur most frequently and provides detailed advice on dealing with them. Designed to be used as a practical manual, the book uses worked examples to give step by step advice valuable to practitioners and the residential property tribunals. It suggests remedies for both landlord and tenant and gives a structured approach to getting the best outcome for your client, outlining the separate procedures involved in tribunals, courts and Alternative Dispute Resolution. Key features: Written for use by solicitors, counsel, surveyors, managers, landlords and tenants Helps practitioners identify potential issues and problems at an early stage and the best means of avoiding and dealing with them Detailed commentary on the latest case law Management issues covered include the appointment of manager, acquisition orders and the acquisition and exercise of the right to manage Provides the practitioner with all the information they need in one useful volume – ideal for use before the courts and tribunals for disputes arising out of service charge and management issues Considers the use of all forms of ADR in service charge disputes, including negotiation, mediation, arbitration and adjudication Supported by extensive appendices including forms, precedents, statutes and SIs Widely used by practitioners and the judiciary in the First-tier Tribunal (Property Chamber) in England, the Leasehold Valuation Tribunal in Wales and in the Upper Tribunal (Lands Chamber) Detailed analysis by expert team at Tanfield Chambers – a leading set in all aspects of commercial and residential real estate litigation and ADR with a speciality in property management and service charge issues

Renewal of Business Tenancies provides expert guidance on all the stages of business tenancy renewal - both those under the Landlord and Tenant Act 1954 and the amended procedures introduced in 2004. It takes readers systematically through each stage of the renewal process, including termination, serving notices and responding, applications for new tenancies, opposition on the part of the landlord, terms of new tenancy, carrying out the order, and preparing for hearings. Explains how the law is applied, the right to renew and the role of the court Goes through the individual components of the tenancy renewal process from termination to the hearing and afterwards Details the transactions to which the Landlord and Tenant Act 1954 applies Presents a range of examples throughout the text, giving highly practical solutions to complex procedures Provides advice on tactics and timing to help get the best results for clients Proposes workable solutions to the problems encountered Shows how to prepare for hearings, what to do, and how to deal with the aftermath Supports the text by reference to statutes, practice directions, and CPR Presents non-prescribed forms and precedent

• Provides clear and current explanation of the concepts and principles of the Malaysian land law and procedure as applicable in Peninsular Malaysia.
• Discusses major characteristics and general features of Malaysian land law and its development through a discussion of the provisions of the National Land Code (Revised 2020) as well as other relevant statutes and judicial decisions.
• Includes useful examples, extracts, diagrams, and sample documents.
• Case law analysis illustrates the law in action, helping readers to visualise the real-life applications of the law and demystify abstract concepts.
• Contains instructive references for further research.

Land Acquisition: A Primer discusses the principles of law governing compulsory land acquisition in a concise manner. Clearly written, this book provides the basic underlying legal jurisprudence of compulsory land acquisition in Malaysia and highlights landmark decisions governing the compulsory acquisition of privately-owned land.

This book contains 21 chapters which are presented in a systematic order, dealing with, inter alia, the right to property, the purposes of land acquisition, the general and special procedure, the principles of compensation, the role of assessors, the position of paymaster, challenging the validity of the acquisition, controversial acquisitions, acquisition of Orang Asli land and acquisition of wakaf properties.

This book is intended to be a handy textbook for students and serves as an introductory reading for legal practitioners, policy makers, land administrators, land consultants, property developers and other professionals whose nature of work requires them to have a good grasp of the law relating to compulsory land acquisition under the Land Acquisition Act 1960 (Act 486).

KEY FEATURES

• Written in simple English language for easy understanding of the legal provisions governing the principles of land acquisition.
• Explains clearly the technical concepts and processes involved in land acquisition and the assessment of compensation.
• Considers the relevant grounds to challenge the validity of acquisition.
• Highlights important decisions on compulsory acquisition such as Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat (and Another Reference) [2017] 4 AMR 123, FC, United Allied Empire Sdn Bhd v Pengarah Tanah dan Galian Selangor & 4 Ors [2017] 5 AMR 555, CA and others.
• Discusses key changes to the provisions of the Land Acquisition Act 1960, as amended by the Land Acquisition (Amendment) Act 2016 (Act A1517).
   

 

Management corporations have statutory duties and powers under Malaysia's strata laws. Owners, on their part, must be engaged to ensure that their investment, lifestyle and financial well-being are protected and enhanced when living in strata developments. This book gives owners the tools to do that. It expresses in as plain a language as possible the meaning of the key provisions of the Strata Management Act 2013 as well as the Regulations and By-Laws made under it.

In this readable book, the author supplements explanations with informed commentary on the implications of the statutory provisions. In the process, numerous specific and practical suggestions are provided on how to improve strata management practice. The analysis and commentary add significant value to the text. Where appropriate, comparisons are also made with the position in jurisdictions outside of Malaysia to discern best practices.

Drawing on his experience as an owner-occupier of a condominium apartment in Kuala Lumpur and his first-hand knowledge of strata living in Malaysia, the author has prepared an engaging guide on the statutory scheme which impacts on management corporations.

This book will greatly benefit strata property owners and prospective owners as well as professional, industry and consumer associations, the broader real estate industry including valuers, property managers and developers, and state and federal land office/department officials.

NEW IN THIS EDITION

• description and discussion of the extensive array of duties and legal obligations of management corporations now enshrined in newly prescribed By-Laws
• description and discussion of the general duties of, and prohibitions placed on, owners and occupiers under newly prescribed By-Laws
• details and analysis of subject matter contained within By-Laws covering renovations, vehicle use, solid waste disposal and maintenance and management of common property
• analysis of new ways under which management committees are to function designed to emphasise greater accountability and transparency in the way they function and make decisions
• inclusion of all prescribed Forms, Notices and Certificates relevant to the day-to-day workings of a management corporation;
• details of new eligibility requirements for those nominating for membership of representative bodies including the opening up of membership of the management committee to non-owners
• analysis of the workings of the Strata Management Tribunal
• special commentaries comparing and contrasting features of Malaysian strata laws with that of overseas jurisdictions including suggestions on how to improve strata management law and practice as well as highlighting omissions and shortcomings
• case studies based on (real life) factual scenarios pertinent to the operations of management corporations; and
• references to relevant case law.

This book is a compendium of the techniques of real property conveyancing. Its main objective is to address issues encountered in conveyancing practice under the Torrens system in West Malaysia. It aims to equip the reader with a competent grasp of the legal principles to support the practice of conveyancing. The discussion however is not based on general land law concepts but is linked to specific issues encountered in practice.