This document discusses restrictive covenants and their implications for landowners. It begins by explaining what a restrictive covenant is, which is a promise made in an agreement that restricts the use of land for the benefit of another property. It then provides examples of common types of restrictive covenants and notes that they can affect current or future use of owned or acquired land. The document emphasizes the importance of being aware of any restrictive covenants, as they are legally binding for subsequent owners and non-compliance can result in costly injunctions or damages. It also outlines some options for dealing with restrictive covenant breaches.
Secrets and Scandals - Trends in Partial and Multi-Party Settlements (cle)Burns Logan
Sometimes a dispute cannot be settled completely in mediation. In that case, this presentation shows how you can use partial settlements in multi-party and single party disputes to narrow the dispute through partial settlements.
Kegler Brown’s 2018 half-day legal seminar with guest speakers Scott Goen of Cardinal Health and Rebekah Smith of GBQ Consulting, alongside our Creditors’ Rights + Bankruptcy team.
Topics Included:
Hot Topics in 2018:
Christy Prince, Director, Kegler Brown
Stephanie Union, Of Counsel, Kegler Brown
Identifying Warning Signs in Financial Statements:
Rebekah Smith, CPA, CVA, MAFF, CFF
Director of Forensic & Dispute Advisory Services, GBQ
Best Practices: Designing Credit Applications:
Larry McClatchey, Director, Kegler Brown
Scott Goen, Manager, Credit Underwriting Retail, Cardinal Health
Strategies to Optimize Financial Outcomes in Cross Border Transactions:
Luis Alcalde, Of Counsel, Kegler Brown
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
This document discusses various methods for transferring loans between lenders, including novation, assignment, sub-participation, and declaration of trust. It provides details on the legal implications and requirements of each method under English law. Novation requires consent from all parties and can extinguish any related security, while assignment does not transfer obligations and maintains any guarantees or security. Sub-participation transfers only the economic interest and risks, not legal rights, and cannot be used directly against the borrower. Equitable assignment has fewer formal requirements but lacks notification, while statutory assignment directly links the assignee and borrower upon notice.
The document discusses different types of damages in contract law including compensatory damages, liquidated damages, and penalties. It states that compensatory damages aim to put the injured party in the same position as if the contract had been performed, liquidated damages are a pre-estimate of damages from breach but can be penalties if unreasonable, and penalties will not be enforced by courts.
The document provides answers to frequently asked questions about short sales. It discusses topics such as whether borrowers can receive cash from lenders at closing, how to qualify for a short sale with multiple mortgages or if payments are current, the short sale process timeline, and potential tax implications of debt forgiveness. Key details requested by lenders are explained, such as hardship letters, documents required, and reasons lenders are willing to accept less than the full mortgage amount in a short sale.
1. Securitization involves isolating a pool of assets from the originator's insolvency risk by transferring them to a bankruptcy-remote special purpose vehicle (SPV). The SPV issues bonds or other securities to investors backed by the cash flows from the assets.
2. Key risks include recharacterization of the transfer as a secured loan rather than true sale, substantive consolidation of the SPV with the originator in insolvency, and performance issues with the underlying asset pool. Methods like overcollateralization and credit enhancements aim to mitigate these risks.
3. For investors, main risks are poor asset performance leading to losses, successful legal challenges to the transfer that put assets back in
Damon compania v hapag lloyd internationalAzrie Johari
- A dispute arose from a contract for the sale of ships between Hapag-Lloyd (Respondent) and Damon Compania Naviera S.A. (Appellant). Raftopoulos Brothers were involved in negotiating the sale.
- The arbitrator found a binding contract was formed on July 8th when sale terms were agreed. However, Appellant argued no contract as no memorandum was signed and deposit not paid.
- The court rejected these arguments and found a valid contract. It also found the contract was binding on Appellant through novation when Brothers nominated them.
- Respondent was entitled to damages for unpaid deposit under the contract terms. This right was not affected when
Secrets and Scandals - Trends in Partial and Multi-Party Settlements (cle)Burns Logan
Sometimes a dispute cannot be settled completely in mediation. In that case, this presentation shows how you can use partial settlements in multi-party and single party disputes to narrow the dispute through partial settlements.
Kegler Brown’s 2018 half-day legal seminar with guest speakers Scott Goen of Cardinal Health and Rebekah Smith of GBQ Consulting, alongside our Creditors’ Rights + Bankruptcy team.
Topics Included:
Hot Topics in 2018:
Christy Prince, Director, Kegler Brown
Stephanie Union, Of Counsel, Kegler Brown
Identifying Warning Signs in Financial Statements:
Rebekah Smith, CPA, CVA, MAFF, CFF
Director of Forensic & Dispute Advisory Services, GBQ
Best Practices: Designing Credit Applications:
Larry McClatchey, Director, Kegler Brown
Scott Goen, Manager, Credit Underwriting Retail, Cardinal Health
Strategies to Optimize Financial Outcomes in Cross Border Transactions:
Luis Alcalde, Of Counsel, Kegler Brown
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
This document discusses various methods for transferring loans between lenders, including novation, assignment, sub-participation, and declaration of trust. It provides details on the legal implications and requirements of each method under English law. Novation requires consent from all parties and can extinguish any related security, while assignment does not transfer obligations and maintains any guarantees or security. Sub-participation transfers only the economic interest and risks, not legal rights, and cannot be used directly against the borrower. Equitable assignment has fewer formal requirements but lacks notification, while statutory assignment directly links the assignee and borrower upon notice.
The document discusses different types of damages in contract law including compensatory damages, liquidated damages, and penalties. It states that compensatory damages aim to put the injured party in the same position as if the contract had been performed, liquidated damages are a pre-estimate of damages from breach but can be penalties if unreasonable, and penalties will not be enforced by courts.
The document provides answers to frequently asked questions about short sales. It discusses topics such as whether borrowers can receive cash from lenders at closing, how to qualify for a short sale with multiple mortgages or if payments are current, the short sale process timeline, and potential tax implications of debt forgiveness. Key details requested by lenders are explained, such as hardship letters, documents required, and reasons lenders are willing to accept less than the full mortgage amount in a short sale.
1. Securitization involves isolating a pool of assets from the originator's insolvency risk by transferring them to a bankruptcy-remote special purpose vehicle (SPV). The SPV issues bonds or other securities to investors backed by the cash flows from the assets.
2. Key risks include recharacterization of the transfer as a secured loan rather than true sale, substantive consolidation of the SPV with the originator in insolvency, and performance issues with the underlying asset pool. Methods like overcollateralization and credit enhancements aim to mitigate these risks.
3. For investors, main risks are poor asset performance leading to losses, successful legal challenges to the transfer that put assets back in
Damon compania v hapag lloyd internationalAzrie Johari
- A dispute arose from a contract for the sale of ships between Hapag-Lloyd (Respondent) and Damon Compania Naviera S.A. (Appellant). Raftopoulos Brothers were involved in negotiating the sale.
- The arbitrator found a binding contract was formed on July 8th when sale terms were agreed. However, Appellant argued no contract as no memorandum was signed and deposit not paid.
- The court rejected these arguments and found a valid contract. It also found the contract was binding on Appellant through novation when Brothers nominated them.
- Respondent was entitled to damages for unpaid deposit under the contract terms. This right was not affected when
Equity sharing allows a homebuyer to purchase a home with a small down payment by partnering with an investor who provides the larger down payment portion. Both parties then share ownership and any future appreciation in value. It benefits both the homebuyer by allowing home purchase with limited funds, and the investor through tax benefits and shared appreciation. The arrangement is structured through a legal equity sharing contract typically lasting 3-10 years, after which the home may be sold and profits split or one party can buy out the other.
The document summarizes common mistakes made by first-time home buyers and tips to avoid them. The top 5 mistakes are: 1) Not asking their lender enough questions to get the best mortgage deal. 2) Not making a quick decision, allowing other buyers to purchase the home first. 3) Not finding the right real estate agent to guide them through the process. 4) Not making their offer appealing to sellers. 5) Not considering resale value when choosing a home since first-time buyers typically stay in a home for only 4 years.
The document provides a summary of a presentation on frustration, force majeure, and sanctions clauses. It discusses how these legal concepts can provide relief for unexpected events that make contract performance difficult or impossible. It also provides tips on drafting contracts to allocate risks and define what events would trigger these clauses.
The document discusses security deposits paid by tenants to landlords. It summarizes a court case where a tenant's secured creditor claimed priority over the landlord to a $3 million security deposit held by the landlord. The court ruled the deposit was a security deposit, not prepaid rent, so the creditor had first priority. As a result, landlords may not be entitled to security deposits if the tenant declares bankruptcy. The document suggests landlords instead require guarantees, indemnities, or letters of credit from third parties to protect their interests if a tenant becomes insolvent.
BUS 115 Chap008 offer acceptance mutual assentneogenesis6
This document provides an overview of key concepts related to offer, acceptance, and mutual assent in contract law. It defines mutual assent as both parties knowing the contract terms and agreeing to be bound by them. An offer is a proposal indicating a willingness to enter a contract and must demonstrate serious intent, clear terms, and be communicated to the offeree. Acceptance occurs when the offeree agrees to the offeror's terms. Defects like fraud, misrepresentation, mistake, duress or undue influence can undermine mutual assent.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Negotiate Like a Pro - the Four Levers of a Sale by LessonlyLessonly
This document discusses the four key variables in any negotiation: timing, contract length, deal size, and payment terms. It explains how changing one variable affects the others and provides examples of how understanding these relationships can give buyers and sellers leverage in negotiations. Specifically, it outlines strategies for using one variable, such as being willing to sign immediately, to negotiate better terms on the other three variables. The overall message is that recognizing the interplay between these four negotiation levers allows people to adjust them strategically for a fair and advantageous outcome.
Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done A...Kegler Brown Hill + Ritter
Eric Travers presented "Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCI/FIF Convention in Las Vegas, NV in December 2015.
The presentation discussed understanding bid shopping and peddling, legal and ethical problems and practical options.
Today’s political and legal realities have made the use of eminent domain a non-starter in most communities in New Jersey. To help move projects forward in this climate, developers and municipalities alike should consider new, creative approaches toward risk allocation with regard to development and property acquisition that focus on the economic development potential of the site and ways to include the property owners more directly, including structured seller financing and joint ventures.
This document discusses different types of transactions that can lead to setting aside a contract entered into by an insolvent person under South African insolvency law. It describes five categories of "voidable dispositions": dispositions without value, voidable preferences, undue preferences, dealings in terms of an ante nuptial contract, and voidable transfers of a business. For each category, it provides details on the legal requirements and defenses that could prevent a disposition from being set aside. It also discusses the concept of "collusive dealings" and the penalties for parties who collude with an insolvent person.
This document provides an overview of the assessment of damages for breach of contract under Australian law. It discusses the general compensatory approach to damages, outlining the types of losses that can be claimed. It then examines the rule in Hadley v Baxendale, which limits damages to those arising naturally from the breach or within the parties' contemplation. The document reviews the elements of causation and remoteness under Hadley v Baxendale and discusses how to determine when a loss is too remote through an analysis of the likelihood and knowledge requirements. Finally, it analyzes recent Australian cases applying these principles.
High-low arbitration allows parties to agree in advance to a maximum and minimum potential award amount. If the arbitrator's award is above the maximum, it is adjusted downward, and if below the minimum, it is adjusted upward. This provides certainty for both parties. High-low arbitration works best when parties' positions are not too far apart, allowing them to narrow the range through mediation or conditional offers before proceeding to arbitration. A conditional offer is one where acceptance resets the negotiation brackets, helping parties further narrow the gap. An example high-low arbitration agreement outlines the process.
This document provides an overview of key concepts regarding written contracts, including:
1. It outlines 10 learning objectives related to the Statute of Frauds, contracts that must be in writing, contents of required writings, and legal rules for written contracts.
2. It describes the Statute of Frauds as the law requiring certain contracts to be in writing, and lists the types of contracts that must be in writing, such as contracts that cannot be completed within one year.
3. It explains legal rules for written contracts, including the standard construction rule for interpreting contracts, the parol evidence rule regarding oral statements made before signing, and exceptions to the parol evidence rule.
Remedies in contract law can be divided into remedies in common law (damages) and remedies in equity (specific performance and injunctions). Damages seeks to compensate the injured party financially for losses caused by the breach, and there are various principles that govern their assessment and recovery, including causation, remoteness, mitigation, and heads of damages such as loss of bargain. Equity remedies seek to compel performance of a contract rather than provide compensation, but are subject to the court's discretion and will not be granted in all cases.
Vendome Real Estate Media is proud to present the top five stories from 2016 from the Commercial Tenant's Lease Insider.
Stories include:
- Make Sublet Deal Work for You
- Get Nine Protections When Leasing Property for Your Cannabis Business
- And more!
This document discusses evergreen clauses, which allow contracts to automatically renew unless one party provides notice of nonrenewal or termination. It covers key issues like timing of performance, indefinite duration contracts, and terminating such contracts. Effective evergreen clauses are outlined, such as specifying length of terms, notice periods and requirements. State laws may restrict certain auto-renewals by requiring conspicuous disclosure of the clause and advance notice, particularly for consumer contracts.
Consideration means there must be an exchange between parties in a contract through bargaining. The thing bargained for can include promises, benefits, or detriments. For a contract to be supported by consideration, the bargaining must cause both parties to either give a benefit or suffer a detriment. Courts generally do not evaluate the adequacy of consideration as long as something of value was exchanged. Exceptions apply for preexisting duties, liquidated debts, and modifications to sales of goods contracts.
The document provides information on Section 1031 like-kind exchanges, including the different types of exchanges such as forward, reverse, and improvement exchanges. It discusses the types of assets that can be exchanged, and provides details on how forward and reverse exchanges work, common issues that arise, and related party exchange rules. The biography at the end introduces Andy Gelson as the vice president who can provide additional information on like-kind exchange strategies.
1) Contractual capacity refers to the legal ability to enter into a contract. Minors generally have the right to disaffirm contracts, but there are exceptions such as for necessaries.
2) For a contract to be valid, it cannot require illegal, tortious, or against public policy acts. Examples of illegal contracts include those related to usury, gambling, or discrimination.
3) Unconscionable contracts or clauses, as well as contracts in unreasonable restraint of trade can be considered void as against public policy. There are some exceptions such as covenants not to compete in sale of a business.
June 2011 - Business Law & Order - Joseph R. SgroiAnnArborSPARK
Commercial agreements set the ground rules for how you or your business interacts with your, customers, bankers, investors, suppliers, landlord and other third parties with whom you have business dealings. Our panel of experienced attorneys will discuss the basic fundamentals of contracts, also known as commercial agreements. Attorney Joe Lorenz will talk about entering into contracts (why you need contracts and how contracts are formed). Attorney Tom Cavalier will discuss performance of the contract you enter into (what are the important terms and conditions – how do they affect you). Attorney Joe Sgroi will talk about terminating contracts (how can you get out of a bad agreement -- or obtain performance from the other party). And….of course, the entire panel will be available to answer your questions!
The document provides information about letters of intent (LOIs), including what they are, their purpose, essential elements, and types (binding vs non-binding). It notes that LOIs allow parties to preliminarily outline key deal terms to guide later negotiations and contract drafting. Essential elements that should be included are the transaction details, property identification, price, conditions, timelines, and other standard terms like commissions. Parties are also generally obligated to negotiate further agreements in good faith after signing a non-binding LOI.
Leasehold and freehold property - a buyers guideBolt Burdon
The document discusses leasehold and freehold property ownership in England and Wales. It explains that freehold property provides full ownership of the land and building, while leasehold property involves owning the property for a set lease period, typically paying ground rent and service charges. The document outlines options for leasehold owners such as extending their lease through statutory means for an additional 90 years, or acquiring the freehold altogether through collective enfranchisement if multiple flats are involved. It also discusses resolving disputes over excessive service charges through the Property Tribunal.
Equity sharing allows a homebuyer to purchase a home with a small down payment by partnering with an investor who provides the larger down payment portion. Both parties then share ownership and any future appreciation in value. It benefits both the homebuyer by allowing home purchase with limited funds, and the investor through tax benefits and shared appreciation. The arrangement is structured through a legal equity sharing contract typically lasting 3-10 years, after which the home may be sold and profits split or one party can buy out the other.
The document summarizes common mistakes made by first-time home buyers and tips to avoid them. The top 5 mistakes are: 1) Not asking their lender enough questions to get the best mortgage deal. 2) Not making a quick decision, allowing other buyers to purchase the home first. 3) Not finding the right real estate agent to guide them through the process. 4) Not making their offer appealing to sellers. 5) Not considering resale value when choosing a home since first-time buyers typically stay in a home for only 4 years.
The document provides a summary of a presentation on frustration, force majeure, and sanctions clauses. It discusses how these legal concepts can provide relief for unexpected events that make contract performance difficult or impossible. It also provides tips on drafting contracts to allocate risks and define what events would trigger these clauses.
The document discusses security deposits paid by tenants to landlords. It summarizes a court case where a tenant's secured creditor claimed priority over the landlord to a $3 million security deposit held by the landlord. The court ruled the deposit was a security deposit, not prepaid rent, so the creditor had first priority. As a result, landlords may not be entitled to security deposits if the tenant declares bankruptcy. The document suggests landlords instead require guarantees, indemnities, or letters of credit from third parties to protect their interests if a tenant becomes insolvent.
BUS 115 Chap008 offer acceptance mutual assentneogenesis6
This document provides an overview of key concepts related to offer, acceptance, and mutual assent in contract law. It defines mutual assent as both parties knowing the contract terms and agreeing to be bound by them. An offer is a proposal indicating a willingness to enter a contract and must demonstrate serious intent, clear terms, and be communicated to the offeree. Acceptance occurs when the offeree agrees to the offeror's terms. Defects like fraud, misrepresentation, mistake, duress or undue influence can undermine mutual assent.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Negotiate Like a Pro - the Four Levers of a Sale by LessonlyLessonly
This document discusses the four key variables in any negotiation: timing, contract length, deal size, and payment terms. It explains how changing one variable affects the others and provides examples of how understanding these relationships can give buyers and sellers leverage in negotiations. Specifically, it outlines strategies for using one variable, such as being willing to sign immediately, to negotiate better terms on the other three variables. The overall message is that recognizing the interplay between these four negotiation levers allows people to adjust them strategically for a fair and advantageous outcome.
Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done A...Kegler Brown Hill + Ritter
Eric Travers presented "Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCI/FIF Convention in Las Vegas, NV in December 2015.
The presentation discussed understanding bid shopping and peddling, legal and ethical problems and practical options.
Today’s political and legal realities have made the use of eminent domain a non-starter in most communities in New Jersey. To help move projects forward in this climate, developers and municipalities alike should consider new, creative approaches toward risk allocation with regard to development and property acquisition that focus on the economic development potential of the site and ways to include the property owners more directly, including structured seller financing and joint ventures.
This document discusses different types of transactions that can lead to setting aside a contract entered into by an insolvent person under South African insolvency law. It describes five categories of "voidable dispositions": dispositions without value, voidable preferences, undue preferences, dealings in terms of an ante nuptial contract, and voidable transfers of a business. For each category, it provides details on the legal requirements and defenses that could prevent a disposition from being set aside. It also discusses the concept of "collusive dealings" and the penalties for parties who collude with an insolvent person.
This document provides an overview of the assessment of damages for breach of contract under Australian law. It discusses the general compensatory approach to damages, outlining the types of losses that can be claimed. It then examines the rule in Hadley v Baxendale, which limits damages to those arising naturally from the breach or within the parties' contemplation. The document reviews the elements of causation and remoteness under Hadley v Baxendale and discusses how to determine when a loss is too remote through an analysis of the likelihood and knowledge requirements. Finally, it analyzes recent Australian cases applying these principles.
High-low arbitration allows parties to agree in advance to a maximum and minimum potential award amount. If the arbitrator's award is above the maximum, it is adjusted downward, and if below the minimum, it is adjusted upward. This provides certainty for both parties. High-low arbitration works best when parties' positions are not too far apart, allowing them to narrow the range through mediation or conditional offers before proceeding to arbitration. A conditional offer is one where acceptance resets the negotiation brackets, helping parties further narrow the gap. An example high-low arbitration agreement outlines the process.
This document provides an overview of key concepts regarding written contracts, including:
1. It outlines 10 learning objectives related to the Statute of Frauds, contracts that must be in writing, contents of required writings, and legal rules for written contracts.
2. It describes the Statute of Frauds as the law requiring certain contracts to be in writing, and lists the types of contracts that must be in writing, such as contracts that cannot be completed within one year.
3. It explains legal rules for written contracts, including the standard construction rule for interpreting contracts, the parol evidence rule regarding oral statements made before signing, and exceptions to the parol evidence rule.
Remedies in contract law can be divided into remedies in common law (damages) and remedies in equity (specific performance and injunctions). Damages seeks to compensate the injured party financially for losses caused by the breach, and there are various principles that govern their assessment and recovery, including causation, remoteness, mitigation, and heads of damages such as loss of bargain. Equity remedies seek to compel performance of a contract rather than provide compensation, but are subject to the court's discretion and will not be granted in all cases.
Vendome Real Estate Media is proud to present the top five stories from 2016 from the Commercial Tenant's Lease Insider.
Stories include:
- Make Sublet Deal Work for You
- Get Nine Protections When Leasing Property for Your Cannabis Business
- And more!
This document discusses evergreen clauses, which allow contracts to automatically renew unless one party provides notice of nonrenewal or termination. It covers key issues like timing of performance, indefinite duration contracts, and terminating such contracts. Effective evergreen clauses are outlined, such as specifying length of terms, notice periods and requirements. State laws may restrict certain auto-renewals by requiring conspicuous disclosure of the clause and advance notice, particularly for consumer contracts.
Consideration means there must be an exchange between parties in a contract through bargaining. The thing bargained for can include promises, benefits, or detriments. For a contract to be supported by consideration, the bargaining must cause both parties to either give a benefit or suffer a detriment. Courts generally do not evaluate the adequacy of consideration as long as something of value was exchanged. Exceptions apply for preexisting duties, liquidated debts, and modifications to sales of goods contracts.
The document provides information on Section 1031 like-kind exchanges, including the different types of exchanges such as forward, reverse, and improvement exchanges. It discusses the types of assets that can be exchanged, and provides details on how forward and reverse exchanges work, common issues that arise, and related party exchange rules. The biography at the end introduces Andy Gelson as the vice president who can provide additional information on like-kind exchange strategies.
1) Contractual capacity refers to the legal ability to enter into a contract. Minors generally have the right to disaffirm contracts, but there are exceptions such as for necessaries.
2) For a contract to be valid, it cannot require illegal, tortious, or against public policy acts. Examples of illegal contracts include those related to usury, gambling, or discrimination.
3) Unconscionable contracts or clauses, as well as contracts in unreasonable restraint of trade can be considered void as against public policy. There are some exceptions such as covenants not to compete in sale of a business.
June 2011 - Business Law & Order - Joseph R. SgroiAnnArborSPARK
Commercial agreements set the ground rules for how you or your business interacts with your, customers, bankers, investors, suppliers, landlord and other third parties with whom you have business dealings. Our panel of experienced attorneys will discuss the basic fundamentals of contracts, also known as commercial agreements. Attorney Joe Lorenz will talk about entering into contracts (why you need contracts and how contracts are formed). Attorney Tom Cavalier will discuss performance of the contract you enter into (what are the important terms and conditions – how do they affect you). Attorney Joe Sgroi will talk about terminating contracts (how can you get out of a bad agreement -- or obtain performance from the other party). And….of course, the entire panel will be available to answer your questions!
The document provides information about letters of intent (LOIs), including what they are, their purpose, essential elements, and types (binding vs non-binding). It notes that LOIs allow parties to preliminarily outline key deal terms to guide later negotiations and contract drafting. Essential elements that should be included are the transaction details, property identification, price, conditions, timelines, and other standard terms like commissions. Parties are also generally obligated to negotiate further agreements in good faith after signing a non-binding LOI.
Leasehold and freehold property - a buyers guideBolt Burdon
The document discusses leasehold and freehold property ownership in England and Wales. It explains that freehold property provides full ownership of the land and building, while leasehold property involves owning the property for a set lease period, typically paying ground rent and service charges. The document outlines options for leasehold owners such as extending their lease through statutory means for an additional 90 years, or acquiring the freehold altogether through collective enfranchisement if multiple flats are involved. It also discusses resolving disputes over excessive service charges through the Property Tribunal.
If the lease on a property has less than 80 years remaining, the owner should consider extending the lease. Extending a lease involves paying the landlord a sum of money in exchange for adding time to the lease. While the current owner may not be affected by the expiration of the lease, failing to extend could significantly reduce the property's value. Most mortgage lenders require leaseholds to have a minimum remaining term, such as 70 years. Even newer properties sometimes have leases that are too short. Owners often have to extend leases to satisfy buyers and lenders.
This document discusses different types of leases, including hunting and agricultural leases as well as mineral leases. It explains that leases are legally binding contracts that address the rental of real property. There are different lengths of leases such as tenancy at will, periodic tenancy, and tenancy for a term of years. Oral leases are generally only valid if they can be performed within one year, otherwise they must be in writing to be enforceable. When drafting leases, parties should address issues like maintenance responsibilities, termination terms, responsibilities of heirs if a party dies, and rules around subleasing.
An ebook published by the law firm Porter Wright Morris & Arthur LLP. Contains several blog posts they've published on the topic of oil and gas lease issues for landowners. Our favorite article: My Sister is a Fractivist and Won’t Sign an Oil and Gas Lease. What Can We Do?
Eviction process in florida a lawyer's explanationPetra Norris
The document provides an explanation of the eviction process in Florida from the perspective of a real estate lawyer. It discusses the rights and obligations of landlords and tenants, the typical reasons for an eviction like nonpayment of rent, and the procedures involved if a landlord files an eviction case in court. This includes serving the tenant with a notice, filing a complaint, the tenant's opportunity to respond, and the potential for a fast-tracked hearing and eviction order from the county court if the tenant loses. Defenses for tenants are also outlined.
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
Toby mc cosker - estate planning for commercial real estate ownersToby McCosker
toby mcCosker improves the properties through hands-on management and targeted value-add initiatives. Our efforts result in solid returns for investors and strong economic assets for communities.
A non residents guide to buying property in floridaJames Lavigne
This document provides an overview of the process and key considerations for non-residents buying property in Florida. It discusses choosing reputable developers and investigating sellers' backgrounds. Original home purchases provide more protections than resales. The document also outlines immigration laws allowing British citizens to live in Florida up to six months per year or obtain visas by investing or starting a business. Steps in buying property include knowing the property, contract terms, costs, zoning, financing options, legal rights, and consulting professionals.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
Real estate principles_powerpoint_for_chapter_08Morten Andersen
This document discusses various types of real estate sales contracts. It explains that the main purposes of a sales contract are to allow both parties time to ensure they can fulfill the agreement's terms and to make the signed promises legally binding. An earnest money deposit shows the buyer's good faith but is not required. Key elements of a purchase contract include provisions for the deposit, buyer's offer, seller's acceptance, broker fees, and closing instructions. Additional terms cover topics like inspections, financing conditions, property damage, and time limits. The document also outlines other contract types like binders, letters of intent, installment contracts, and options. Throughout, it stresses that a real estate license does not permit practicing law.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
A commercial tenant views a lease negotiation quite differently than does the landlord. As most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as many concessions as possible. This is an arduous task made easier by a full understanding of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
Part of the webinar series: REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
Finding Land to Farm: Six Ways to Secure Farmland Gardening
This document provides information on various options for leasing and owning farmland, including cash leases, crop share leases, long-term leases, leases with purchase options, fee title purchases with seller financing, and fee title purchases combined with agricultural conservation easements. It outlines the key aspects of each option, including advantages and disadvantages. The purpose is to help farmers understand their options for obtaining access to and building equity in farmland. Key considerations covered include payment structures, risk allocation, ability to make long-term investments, and pathways to eventual ownership. Conservation easements are discussed as a potential way to reduce land prices and increase affordability for new farmers.
This document provides information about the home buying process, including the typical steps involved and common questions homeowners may have. The 10 steps outlined are: researching the area, calculating an affordable budget, getting pre-approval, making an offer, starting paperwork like reviewing contracts, organizing insurance, arranging inspections, exchanging contracts, considering a cooling-off period, and completing settlement. It also answers frequently asked questions and provides a glossary to explain common real estate terms. The overall guide aims to help potential homeowners understand what is involved in purchasing a property.
Buying and selling a business in uncertain times ancillary documentsRahul B. Patel
This document provides an overview of important ancillary documents necessary in the sale of a business, including promissory notes, bills of sale, and guaranty agreements. It discusses key provisions and considerations for each document type. Promissory notes can be time notes or demand notes, and must avoid usury issues. Bills of sale are used to transfer business assets and require delivery to be valid. Guaranty agreements make a guarantor responsible for a debtor's obligations if the debtor fails to perform. Together, these ancillary documents help structure and protect business sales, especially in uncertain economic times.
What is a Co-op Apartment in New York Cityjhamdan2
A cooperative, or co-op, is a form of ownership where residents purchase shares in a corporation that owns property, usually residential apartments or housing units. Co-ops are very common in New York City, where roughly 75% of Manhattan's housing stock is co-ops. When purchasing a co-op unit, buyers are not actually purchasing real property but rather shares in the cooperative corporation. The co-op board has significant control over residents and their ability to rent out or renovate their units. Key documents in the co-op buying and selling process include the proprietary lease, recognition agreement, and offering plan/prospectus, which outline the terms of ownership and board rules.
The document provides information about the National Landlord Day conference on November 13, 2018 including sponsors and breakout session topics. It also includes the text from a presentation on supporting claims in dispute resolution. The presentation discusses the principles of adjudication for deposit disputes, types of evidence that can be submitted, factors regarding fair wear and tear and duty to mitigate loss, and switching deposit protection schemes.
Risky Business: Contract provisions that may seem harmless but can wreak havocAllen Matkins
This document summarizes and provides advice about various common contract clauses, noting that they may seem harmless but can cause problems later. It discusses attorneys' fees clauses, time is of the essence clauses, choice of law/forum clauses, severability clauses, non-waiver clauses, entire agreement clauses, no third party beneficiary clauses, jury trial waiver clauses, and remedy limitation clauses. For each, it provides examples and discusses issues to consider, such as making sure the clause accurately captures intentions and will be enforceable. The overall message is to think carefully about standard clauses rather than using them automatically without consideration of potential impacts.
Letters of Intent: Trends, Considerations and Best Practices (2.4.2015)Aaron Werner
The document discusses letters of intent, including:
1. Letters of intent are non-binding agreements that outline key deal terms for a potential transaction and allow parties to assess compatibility before fully committing.
2. While letters of intent help identify deal breakers early and provide a roadmap for negotiations, they also require time and money to draft and could inadvertently create binding obligations.
3. Attorneys can advise clients on whether a letter of intent makes strategic sense, ensure the letter clearly specifies what terms are binding versus non-binding, and limit potential remedies for breach. Consistent language is important to avoid unintended consequences.
Similar to Rollits Agriculture Focus Summer 2017 (20)
The document provides guidance for schools on managing relationships with connected non-charity organizations, such as trading subsidiaries. It summarizes key points from a Charity Commission guidance publication on this topic. The Charity Commission guidance stresses the importance of trustees understanding the non-charitable organization's business and managing the relationship effectively to avoid risks to the charity. Trustees must also ensure conflicts of interest are avoided and the charity and non-charity remain distinct entities. Academies are advised to familiarize themselves with the full Charity Commission guidance.
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
Legal newsletter for the planning & property development sector including articles on town & village greens, overage agreements and Permitted Development Rights
Rollits' Agricultural Law Update - July 2019Pat Coyle
Legal newsletter for the agricultural sector including articles on diversification, permitted development rights on agricultural land and Health & Safety law
Rollits Private Client newsletter - May 2019Pat Coyle
This document provides an overview of Rollits' specialist Private Capital team and the services they offer related to private client matters such as wills, tax planning, trusts, and estates. It introduces the team members and notes their qualifications. It also discusses recent increases to probate application fees and provides tips for buying a house, including being realistic about budgets, understanding hidden costs, clarifying ownership intentions, and using agreements to protect cohabiting couples' financial interests.
Rollits Planning Law and Policy Newsletter - February 2019 Pat Coyle
Legal newsletter covering topics such as permitted development rights on agricultural land, Class A permitted development rights, CIL and a planning policy update.
Rollits Regulatory Review - November 2018Pat Coyle
The document discusses regulatory issues that businesses may face, including criminal and civil liability for directors and managers. It provides an overview of various regulatory areas like health and safety, environmental regulations, consumer protection, and advertising. It also summarizes some recent cases involving regulatory prosecutions, such as a company being fined for a mouse infestation and a director being fined for health and safety violations. Additionally, it discusses the new sentencing guidelines for manslaughter offenses which can apply to gross negligence cases in the workplace.
Rollits Agricultural Law Update July 2018Pat Coyle
Legal newsletter for the Agriculture Sector including articles on permitted development rights available for agricultural buildings, Estate planning for the agricultural sector and a Health and Safety Executive spotlight on the agricultural sector.
Legal newsletter for the Charity, Voluntary and Not-for-Profit Sector with guidance on Automatic disqualification rule changes for trustees and senior managers of charities
The document discusses the government's response to a technical consultation on implementing the new college insolvency regime in England and Wales. Key points include:
- The government estimates over 100 colleges will need to familiarize themselves with the new insolvency rules as they are at elevated risk.
- The 14 day notice period for insolvency procedures cannot be modified as it is set in primary legislation.
- Guidance for college governors is still lacking, creating uncertainty around recruitment and retention of effective governors.
- The new rules are aimed to come into force by late 2018 or end of March 2019 when related support programs close.
The Law Commission published a report on technical issues in charity law on September 14, 2017. The report makes 43 recommendations and includes a draft bill to implement the recommended reforms. Some key recommendations include allowing unincorporated charities to more easily amend governing documents, expanding the circumstances in which small donations can be applied cy-pres without contacting donors, and giving trustees more flexibility when borrowing from or spending permanent endowment funds. The government is expected to respond to the report within the next 6-12 months but may lack resources to implement many reforms due to Brexit.
The document summarizes a judicial review case brought by the Durand Academy Trust against Ofsted regarding Ofsted's complaints procedure. The court found Ofsted's complaints procedure to be unfair because it did not allow for substantive challenges to inspection reports that found a school to require special measures. As a result, the court quashed the Ofsted report for the Durand Academy Trust. The outcome means Ofsted will need to revisit its complaints procedure to address the court's findings and avoid future challenges regarding the fairness of inspections.
Legal newsletter for the education sector. In this edition we summarise key issues raised in a letter sent to academy trust Chairs by Lord Agnew; highlight a recent decision of the Advertising Standards Authority in relation to unproven claims made by universities in their advertising; take a look at the continuing impact of the Bribery Act on the education sector; and explain a revised Memorandum of Understanding which has been entered into between the Department for Education and the Charity Commission. To kick off, here are a few updates on the GDPR, the Apprenticeship Levy, the college insolvency regime and a recent study which considered the post 16 Area Review process.
Legal newsletter focussing on employment matters including articles on worker status and the implications of the gig economy and shared parental leave
and grandparental leave.
The document discusses several legal issues facing education providers, including data protection law changes and contracting requirements for apprenticeships under the new regime. It provides guidance on implementing publication schemes required under freedom of information laws. It also offers advice on properly documenting third party use of education facilities to avoid legal risks. Key points covered include the need for education providers to comply with new GDPR data protection standards by May 2018, and ensuring apprenticeship contracts and subcontracts meet ESFA funding rule requirements.
The document discusses several major policy changes impacting the education sector in the UK, including guidance on implementing recommendations from Area Reviews of further education colleges, the Apprenticeship Levy being introduced in April 2017, and a proposed new insolvency regime for colleges. It provides an overview of the key implications and risks for education providers, such as extensive due diligence requirements, potential payment delays from employers, and pressure to lower prices. The article emphasizes the importance of strong contractual agreements and due diligence of employers to help providers mitigate risks from the Apprenticeship Levy.
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
Legal Newsletter for the construction industry highlighting Collateral Warranties, New JCT 2016 Edition of contracts, apprenticeships and the health & safety revolution
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
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Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
1. By way of example, if a landowner sells
part of his/her land, he/she might want
to restrict the use of the land being sold
so that it can only be used for a specific
purpose. To achieve this, the Transfer from
the Seller to the Buyer would include a
restrictive covenant, stating that the land
cannot be used for any purpose other than
that particular purpose and the Buyer must
then comply with that restriction.
Other examples of how restrictive covenants
may restrict the use of land could include
the following:
• Limiting the possible use of a building for a
specific purpose, such as limiting a building
for residential purposes only
• Prohibiting particular trades or businesses,
or certain activities, on the land
• Restricting the number or type of property
from being built on the land, such as a
single residential dwelling
Therefore, a restrictive covenant might
affect your use, or intended use, of
land that you own or land that you are
considering acquiring.
The existence of a restrictive covenant
will be shown on the Register of Title (for
registered land) or the title deeds (for
unregistered land). As a result, it is prudent
to be familiar with your Register of Title or
title deeds (as appropriate) so that you are
aware of any restrictive covenants that may
be in place, which may affect your intended
use of the land.
Why is it important to be aware of
restrictive covenants?
Restrictive covenants are enforceable
between the original parties to the
agreement as a matter of contract law.
However, restrictive covenants may also be
enforceable between subsequent owners
of the relevant land. This means that if a
restrictive covenant is valid and enforceable,
subsequent owners of the burdened land
must comply with the restriction and they
can also be liable for any breach of the
restrictive covenant.
Consequences of a breach of
restrictive covenant
If a restrictive covenant is breached, the
beneficiary of the covenant might be able
to obtain damages but in most cases,
an injunction to stop the breach will be
sought. Not only can this be very costly, it
can also prevent you from using the land
for your intended purpose. Even if it is a
previous owner of the property who has
initially breached the restrictive covenant, a
successor in title to the property could still
be liable for the breach.
There are a number of ways to deal with
the breach of a restrictive covenant.
For example, it may be possible to
negotiate an express release or variation
of a restrictive covenant but this method
should only be attempted if certain pre-
conditions are met.
Alternatively, indemnity insurance may
be obtained to protect against the risk of
someone seeking to enforce the restrictive
covenant. If this is the preferred option,
it is very important that it is investigated
before any beneficiary of the covenant is
approached because it may prevent an
insurance company from providing any cover.
Another option is to make an application
to the Upper Tribunal (Lands Chamber) for
the modification or discharge of a restrictive
covenant, under section 84(1) of the Law
of Property Act 1925. This will be a costly
and time consuming process and there
are no guarantees that the Tribunal would
agree to modify or discharge the restrictive
covenant. Even if no objections are raised,
an application can take three months.
Each of these methods involve different
criteria and a different level of cost. As a
result, it is prudent to seek professional
advice before carrying out any of
these options to ensure that the most
appropriate method is chosen in the
particular circumstances.
If you have any concerns about a potential
restrictive covenant affecting your land, or if
you would like to discuss any of the above
in further detail, please do not hesitate to
contact a member of our Agriculture Team.
Amy Clarkson
rollits.com
Summer 2017
Agriculture Focus
What is a restrictive covenant? A restrictive covenant is a promise made in an agreement, whereby one party
restricts the use of its land in some way for the benefit of the other party’s land.
Restrictive covenants and what they mean for landowners
2. Page 2
Agriculture Focus
Summer 2017
There are a few things which the selling
landowner should consider in relation to
overage, the first being what has to happen
to make overage payable - “The Trigger”.
The second is how the overage payable to
the selling landowner is to be calculated.
The third is how long the obligation to pay
overage should last.
And the fourth and final consideration is
how to ensure it binds the buyer/the land.
This is a thumbnail sketch, overage is
complex and there is no such thing as
“standard overage” each case will have its
own unique characteristics, however a few
general guidelines can be set down.
Triggers will be events which give rise to an
immediate increase in the value of the land,
typically by the grant of planning permission
for a more lucrative use of the land, for
example agricultural land getting planning
consent for residential development.
This is an area where expert advice is
invaluable, covering practical issues like
will the then owner have money to pay
overage at the time and legal ones like
what happens if the planning consent is
subject to a Judicial Review challenge, is
the consent capable of being replaced by
a more valuable one in the future
and others.
Calculation of overage will require the
services of an experienced valuer as,
although overage is relatively easy to state
as a percentage of the difference in value
between the land without the new planning
consent (“base value”) and the value of the
same land with the new consent, there are
numerous factors to consider, such as is the
base value taken as at the date of planning
or some other date, is any ‘hope’ value to
be considered in assessing the base value
(i.e. the likelihood of getting an enhanced
planning permission), is the current owner
to be given credit for the costs of getting
the new planning consent?
Timescale: how long is the obligation to
pay overage to subsist? It needs to last
long enough to make it worth the then
owner paying overage rather than simply
waiting until the obligation to pay overage
expires. However, it is hard to justify
periods at the opposite end of the scale
such as 80 years where the obligation may
be spanning generations.
The final concern is making sure the
obligation to pay overage binds the
buyer and/or the land subject to the
overage obligation. Again this is where
an experienced adviser earns his keep.
A mortgage over the subject land will
work, but may prove inconvenient to the
owner if he needs development finance
or similar. Restrictive covenants have their
place as do obligations on the buyer not
to sell or otherwise dispose of the land
without the disponee entering into a
direct covenant with the party entitled to
overage, to pay any overage which may
become due. Ideally a restriction will be
placed on the title to the land preventing
the registration of any dealing without the
person entitled to overage confirming all
requirements have been met.
As stated above, overage is complex and a
prudent landowner or buyer will need expert
legal and valuation advice. It cannot be one
hundred percent effective, but good advice
will make it much harder to avoid.
However, complexity inevitably brings with
it significant cost and the owner must assess
whether the likelihood and value of potential
overage payments justify the cost of putting
them in place.
Douglas Oliver
Having your cake and eating it?
A thumbnail sketch of overage
At its most basic Overage (or clawback as it is usually called by local
authorities and similar bodies) is a means by which a landowner can
reserve the right to share in future increases in the value of land
which are not simply price inflation such as the grant of planning
permission for a more valuable use of the land notwithstanding the
sale of the land.
It has been 6 years since the Supreme
Court judgment of Radmacher v Granatino
gave legal practitioners the confidence
to advise that a Pre Nuptial Agreement
was really worth considering following the
much quoted passage in the Judgment
“Courts should give effect to a nuptial
agreement, freely entered into by each
party with a full appreciation of its
implications unless in the circumstances
prevailing it would not be fair to hold the
party to their agreement”. The Agreement
must also meet the needs of the parties.
This was followed by a Law Commission
Report proposing requirements for
an “enforceable qualifying nuptial
agreement” which if made law will allow
couples to agree how assets should be
divided provided needs are met, which
would not be subject to scrutiny by the
Court in a subsequent divorce.
Subsequent case law has shown that time
and time again Judges are following the
Supreme Courts lead and upholding or
giving very great weight indeed to Pre
Nuptial Agreements, if subsequently
challenged. If wanting to enter into an
Agreement you should be prepared to
provide proper disclosure of your financial
circumstances, obtain independent legal
advice and there must not be pressure
or duress placed on either party. As, Pre
Nuptial Agreements are still open to
challenge specialist legal advice is always
required to make sure the document
follows the guidelines provided by these
cases to have the best possible chance for
the Agreement to be upheld.
Sheridan Ball
Pre Nuptial Agreements have a real relevance to farming families as property and land are more often than
not gifted to or inherited by the younger generations and hold a particular significance to the families that
have owned them for many, many years. Any change to a families make up, whilst welcome, can bring worry.
We all want marriages to last but with the latest statistics predicting the divorce rate at 42% it is entirely
reasonable to be concerned about the implications on the family business structures should the marriage
breakdown. We advise many parents and their children anxious to protect hard earned long established
family assets in the unfortunate event of a breakdown in marriage.
Family matters: Pre Nuptial Agreements – where are we now?
3. Page 3
Agriculture Focus
Summer 2017
Agriculture is defined in planning legislation
as horticulture, fruit growing, seed growing,
dairy farming, the breeding and keeping of
livestock, the use of land as grazing land,
meadow land, osier land (growing of willow),
market gardens and nursery grounds, and
the use of land for woodlands where that use
is ancillary to the farming of land.
Ag Tags are not popular as they limit who
can buy a dwelling in the event of a sale
and as a consequence this may reduce the
market value of the property and/or affect
the availability of a mortgage or the amount
a lender is willing to lend.
Ag Tags are also notoriously difficult to
remove as they are often imposed in
planning permissions for the construction
of a farmhouse in a green belt where
planning permission would have been
refused but for the condition. The three
potential ways in which an Ag Tag can be
removed are as follows:
1. Apply for a Certificate of
Lawful Development
Where an agricultural occupancy condition
has been breached for over ten years, i.e.
where the owner (and/or any occupier(s)) of
the dwelling has not been employed (or last
employed) solely or mainly in agriculture for
over ten years, the owner can apply to their
Local Planning Authority for a Certificate
of Lawful Development. A Certificate of
Lawfulness of Existing Use or Development
is a certificate issued by the Local Planning
Authority which provides that the use of
the property in breach of the Ag Tag is
lawful, and once issued, enforcement action
cannot be taken by the Local Planning
Authority in relation to the breach.
In order to make a successful application the
owner must evidence they have continually
occupied the dwelling in breach the Ag Tag
(i.e. without being employed in agriculture)
for over ten years and that the breach is
continuing at the time the application is
made, on the balance of probabilities.
Unlike a planning application, the Local
Planning Authority must only consider the
facts of the case when deciding whether to
grant the Certificate and cannot consider
the planning merits of the case or any
planning considerations.
Depending on the wording of the Ag Tag, an
agricultural tenancy of land at the property
will not preclude a Certificate being granted
by the Local Planning Authority, provided
that it can be proven that the rental income
received is nominal and that the alternative
non-agricultural employment income is the
main source of income.
Applying for a Certificate of Lawful
Development is the most straightforward
way to remove an Ag Tag, as if it can be
proven that the Ag Tag has been breached
for over ten years on the balance of
probabilities, the Local Planning Authority
must grant the Certificate.
2. Apply for the restriction to be removed
The second option is to make an application
to the Local Planning Authority or the Upper
Tribunal (Lands Chamber) to lift the Ag Tag,
if it can be demonstrated that the dwelling
is no longer necessary for agricultural
purposes within the community.
In order to establish that there is no demand
for the use of the dwelling for agricultural
purposes, the owner must carry out an
involved market testing exercise. This
exercise involves putting the dwelling on
the market at a price, being the value of the
dwelling with the Ag Tag, for both sale and
to rent and then providing evidence that no
genuine offers were received. This exercise
must be carried out for a lengthy period –
usually 12 months or more. Evidence will
also need to be supplied showing how
the valuation was calculated by the agents
together with evidence of the marketing
process. A record of any interest received will
also need to be supplied.
This method of removing an Ag Tag is the
most time-consuming and costly with no
guarantee that the Ag Tag will be removed
once the marketing exercise has been
completed (especially if viable offers are
actually received). There are a number of
cases where the Local Planning Authority or
Tribunal have refused to lift an Ag Tag as they
have held that the applicant has been unable
to satisfy that there is no demand for the Ag
Tag, or they have held that the market testing
exercise was not carried out correctly.
3. Argue the planning permission was
not implemented
The final route to remove an Ag Tag is
to argue that the planning permission
containing the condition was never
implemented and consequently the Ag
Tag does not apply to the dwelling.
This argument can be made where a
planning permission contains a pre-
commencement condition which was not
discharged. The general rule is that if a
pre-commencement condition has not been
discharged, any subsequent works carried
out will not implement the permission. The
planning permission would then lapse on
the date specified in the permission and
consequently the planning permission, and
the Ag Tag contained therein, would not
bind the property. This would also mean
however that any works carried out, or any
change of use, granted by the planning
permission would be carried out without
planning permission and in breach of
planning control.
This route is therefore the most dangerous
as there is a risk that the Local Planning
Authority could bring enforcement
action for not only a breach of the pre-
commencement condition but for the
carrying out of the works or the change
of use (where relevant) without planning
permission. It would therefore need to
be established that any change of use
had taken place, or any works had been
completed, over ten years ago so the owner
had immunity from enforcement action.
The ethics of this method have also been
called into question, as it has been argued
that it is unfair for an owner to breach a
planning permission and then benefit from
the removal of an Ag Tag following the
breach. The Local Planning Authority is
therefore likely to use their best endeavours
to prevent an application to remove an Ag
Tag on this basis from succeeding.
Rollits have recently submitted a number
of applications for Certificates of Lawful
Development which have successfully been
granted by the Local Planning Authority. This
accordingly still represents the most common
method of overcoming an Ag Tag that
we deal with. The benefits of the Ag Tags
removal are clear with a likely increase in land
value being a prime example.
Libby Clarkson
“Ag Tags”, also known as agricultural occupancy conditions and agricultural ties, are conditions imposed
within planning permissions which prevent a dwelling being occupied by a person unless they are employed,
or were last employed, in agriculture.
Ag Ties – How do you remove them?
4. We do not intend to air any views as to the
pros and cons of Brexit but we just want to
identify some issues that will arise.
The outcome of the General Election has
seen a change of the leading personnel in
the political parties. In terms of Government,
whilst Theresa May remains as PM for the
present time, Michael Gove has been
brought back into the cabinet as Secretary
of State for Environment, Food and Rural
Affairs and George Eustice remains as
Minister of State for Agriculture, Fisheries
and Food. These three are now probably the
key political players in the sector.
So far, the Government has confirmed that
the Basic Payment Scheme will remain until
2020, and most view this as meaning that
payments for 2020 will be made even if (as
happens) some payments slip in to the next
year (2021 in this case). In relation to Pillar
II (Countryside Stewardship etc) payments,
the Government has stated that agreements
entered into before the Autumn Statement
2011 will be honoured – however long they
may go on for.
The UK Government has, it is said, for
many years preferred paying money out for
Pillar II rather than Pillar I (Basic Payments).
European countries have, generally seen
this differently, but post-Brexit that conflict
will disappear and perhaps farmers can
expect less by way of a BPS payments and
more by way of Stewardship arrangements
or other similar support.
Looking to other outside arrangements
gives little hint of what may happen in
terms of future trade deals with Europe and
the rest of the World. The European Free
Trade Association (e.g. Norway) and the
Customs Union (e.g. Turkey) do not deal with
agriculture. The World Trade Organisation
(WTO) relies on the parties agreeing their
own deal. In terms of employment, it is still
not certain what will happen to the supply
of (generally) eastern European workers who
have been employed in significant numbers
in the agricultural sector for many years
(more in some regions than others).
The quantity of regulations from Europe
is notorious, and the rules relating to the
agricultural sector in the UK comprised a
substantial amount of EU regulations. Some
will clearly be replaced by new UK rules
but perhaps there will be an opportunity
for the Government to reduce and simplify
the rules that farmers have to consider and
comply with.
Some elements of agriculture are more
heavily EU governed than others. Whilst
there are no answers, Cross Compliance,
Annual Health and Welfare and GMO, may
all be much different in the post Brexit era.
Neil Franklin
Page 4
Agriculture Focus
Summer 2017
Post Brexit and the General Election a great deal of uncertainty remains. This relates to all aspects of life and
business but European regulations have been central to agriculture in the UK for several decades. Clearly,
whilst we do not know what ‘Brexit’ will look like, much is bound to change in the agricultural sector.
Brexit, agriculture and the law
Information
If you have any queries on any issues raised
in this newsletter, or any agricultural matters
in general please contact Neil Franklin on
01482 337250.
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The law is stated as at 1 July 2017.
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The Rollits Agricultural Team consists of 9 lawyers although there are many others within the
firm who also assist clients with their specific expertise. Pictured are; Neil Franklin who heads
the team, John Lane head of our Private Capital team, Caroline Hardcastle, a member of our
Dispute Resolution team, Sheridan Ball who deals with family issues, John Flanagan a member
in our Company Commercial team who deals with corporate and partnership matters, Clair
Douglas and Amy Clarkson who are based in our York office and specialise in property matters.
All team members work across both offices and are happy to meet clients and contacts at either
base or come out to see you at your place of business.
An introduction to the Agriculture Team