The HS Property Hub Development Constraints Course Summary

Thursday 27th June: 10.00am-10.55am

First, a brief overview of some key topics that will not be the prime focus of the course: telecoms, vacant possession, physical constraints, rights of light.
Examples of typical restrictive covenants.
Assessing whether the covenant is effective – questions to ask.
Discharging or modifying restrictive covenants – the test, the process, how long it may take and how much it may cost the developer.
The importance of good conduct.
Assessing whether the covenant can be challenged because it is anti-competitive.

Thursday 27th June: 11.00am-12.00pm

Resolving problems arising from inaccurate Land Registry boundaries.
How to fix unclear boundaries.
Remedies for trespass and their practical application.
Understanding adverse possession (old regime v new regime) and its relevance in development.
Common issues: balconies, vaults, fire escape doors – what they are and how they can be resolved.
Strategic considerations to keep permanently ‘front of mind’.

Thursday 4th July: 10.00am-10.55am

Easements explained in all their variety: how are they acquired and how they can be lost.
The rights that a developer can vary unilaterally.
How and when developers can divert a route of way.
When a developer may continue to use a right of way because the new development intensifies the use.
Obscure examples of easements e.g. right to air, signs: when they arise and how they can be handled.
Right to a view and right to privacy: when they exist and with what consequences.

Thursday 4th July: 11.00am-12.00pm

Nuisance, derogation from grant or breach of quiet enjoyment: when it arises and how to prevent it.
What a developer (whether the landlord or not) must do in practice to minimise disruption.
Injunctions: forcing a developer to down tools and/or demolish.
Remedy of damages: when profit shares and ransoms arise.
The importance of good developer conduct.
Risk mitigation measures including insurance and s203.