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Property Statutes with Real Estate Terms


English Property Law Cases USA Property Statutes Commonwealth Law Cases
(Aus/NZ, Can and others)
English Property Statutes USA Property Law Cases Commonwealth Property Statutes

The following is a selection of recent English Statutes referred to in Real Estate Defined, with the corresponding Real Estate Term Defined and Explained:


STATUTE

REAL ESTATE TERMS

 2013
Growth and Infrastructure Act 2013 Planning Appications, Planning Appeals, Permitted Development, Town and Village Green,
 2011
Localism Act 2011 Certificate of Appropriate Alternative Development; Community Assets; Community Infrastructure Levy; Compulsory Purchase Compensation; Development Consultation; Neighbourhood Planning; Tenancy Deposit Scheme

 2010
Assured Tenancies (Amendment) Act (England) Order 2010 tenancy deposit scheme
Mortgage (Repossession) Protection of Tenants Act 2010 mortgage/power of sale

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     STATUTES (England & Wales)

Statute Term
Localism Act 2011 This lengthy statute covers issues related to (i) a “list of asset of community value” (‘community assets’) that must be maintained by a local authority (such as local parks, village shops and public houses that are considered important to community), ss. 87–108; (ii) changes to the Community Infrastructure Levy to prevent it being imposed “in a way that does not make development of the area economically unviable”, Planning Act 2008, s. 205 (as amended by the Localism Act 2011, s. 115); (iii) changes to strengthen the procedures in respect of an enforcement order, ss. 123–127; (iv) as the name implies, creating new forms of Neighbourhood Planning, Par t6, Ch. 3; (v) introducing a requirement for “consultation before applying for planning permission” for certain forms of development, Part 6, Ch. 4; (vi) modification of the rules in relation to planning permission that is to be taken into account when assessing compensation for compulsory purchase (especially allowing for account to be taken of the prospect of obtainng planning permission and when the grant of a certificate of appropriate alternative development); (vi) improving protection of deposits paid to a landlord within the provisions of the Tenancy Deposit Scheme.
Assured Tenancies (Amendment) Act (England) Order 2010 tenancy deposit scheme
With effect from 1 October 2010, the limit for this scheme is raised to £100,000 p.a. bringing all tenacies below that limit within the scope of the Housing Act 1988.
Mortgage (Repossession) Protection of Tenants Act 2010 mortgage/power of sale
Provides protection to a tenant who have been granted a tenancy without the approval of the lender (which is fairly common). Prior to the Act the tenant had no rights as soon as the mortgagee obtained posseession of the property. The tenant now has a right to a remain in possession in accordance with the tems of the tenancy and has right to two months notice to quit. The tenant also has a right to attend the the possession hearing and the court has the power to order any possession to be postponed for up to two months, dependant upon the tenant's circumstances and whether the tenant has conformed with the terms of the tenancy (especially the payment of rent).
Perpetuities and Accumulations Act 2009 rule against perpetuities
Section 5 limits the perpetuity period to 125 years (and no other period) (although a shorter period may be chosen for the placement of property in a trust). Thus, a future interest or right is void if it is clear that it will not take effect within 125 years from the date on which the instrument that created it took effect.

Terms in bold are defined and explained in detail in the Encyclopedia of Real Estate Terms.

(suffixes such as (US) (Eng) (F) indicate the country of primary, but not necessarily exclusive, use).


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