Upper Tribunal: Lands Chamber judgments, 2020

A claimant seeking compulsory-purchase compensation for the prospective cost of surrendering a lease must prove, on the balance of probabilities, both a…

An appeal concerning a certificate of appropriate alternative development under section 18 of the Land Compensation Act 1961 is a proceeding “for compensation…

A claimant seeking disturbance compensation for interest on an alleged loan must prove, on the balance of probabilities, an enforceable liability to pay that…

Where unregistered land needed for a proposed development is likely to be subject to a strong adverse-possession claim by the adjoining development owner, its…

Under the Communications Act 2003 Code, the Tribunal may impose each disputed Code right where the prejudice is compensable in money and is outweighed by the…

Where the value of compulsorily acquired mortgaged land is less than the debt secured on it, Compulsory Purchase Act 1965 section 15 permits the mortgagee to…

Land may be blighted land under paragraph 1A of Schedule 13 to the Town and Country Planning Act 1990 where it is identified for relevant public functions in a…

For modification of a restrictive covenant under section 84(1)(aa), the proposed use must be assessed on the assumption that the restriction does not exist and…

The First-tier Tribunal has a wide jurisdiction under Landlord and Tenant Act 1985, section 27A, to determine whether litigation costs are recoverable as…

When fixing a civil penalty for managing or controlling an unlicensed property, the primary assessment of harm must concern harm caused by that offence.…

A statutory right of appeal to the Upper Tribunal against a decision of the Valuation Tribunal for England lies only in respect of a decision or order made on…

For compulsory-purchase compensation, open-market value assumes a sale on conventional terms by a willing seller. A restriction imposed by the acquiring…

In determining rateable value, an actual arm’s-length letting of the hereditament remains relevant evidence even if agreed after the antecedent valuation date.…

Regulation 38(7) of the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 permits a temporary alteration to a rating…

The space proviso in section 64(3ZD) of the Local Government Finance Act 1988 qualifies, rather than replaces, the statutory requirements for contiguity.…

A valuation scheme based on fair maintainable trade is a guide to the statutory rating hypothesis, not a rule that overrides it. It should ordinarily be used…

For inheritance-tax purposes, the best consideration reasonably obtainable on a sale of land under Inheritance Tax Act 1984, section 190(1), is assessed by…