A breadth of expertise is one reason why Land Law has been able to build an impressive caseload from clients across the country.  And one glance at the programme for the firm's latest winter Commercial Property seminar revealed a similarly impressive breadth of subject matter.

With presentations on subjects as diverse as easements, title insurance, Party Wall Act issues and problematic restrictive covenants  the seminar – which has become an annual fixture at Altrincham Town Hall – was enjoyed by attendees from as far afield as London, the Midlands, the South Coast and South Wales.

The seminar opened with guidance from Chester-based property know-how consultant, Alan Riley, on the increasing role played by new technology in commercial property contracts and how, in certain circumstances contracts can be created by an email exchange.

As well as delivering a closing presentation on planning obligations, Mr Riley's advice on all things technological was particularly timely, given the Law Commission has only recently given its own virtual seal of approval to the use of electronic signatures in executing legal documents (https://www.lawcom.gov.uk/electronic-signatures-are-valid-confirms-law-commission/).

Associate Partner, Siân Westby from Land Law’s litigation team next gave a commercially focused guide to the problems associated with existing rights of way or other easements in the development of land.  In particular, she warned of the dangers of developing land in reliance on an existing easement when the benefitting land was likely to change in ‘character’ or ‘identity’ as a result of the development. 

Siân's colleague in Land Law's Litigation team, Consultant Partner Steven Jennings, lightened the mood by injecting a little humour into his presentation drawing on his long career and experience in the kind of conflicts which arise out of tenants’ applications for consent.

Nevertheless, his references to very recent examples - including an October judgement by the Supreme Court (https://www.supremecourt.uk/cases/docs/uksc-2018-0098-judgment.pdf) in a case hinging on changes to the use of one property in London - kept his talk current and commercially relevant.

Sarah Jones, Head of Legal Indemnities at insurance broker Thomas Carroll, gave an engaging summary of a title insurance broker’s role as well as outlining the significant protection offered by title policies where  lack of good title, restrictive covenants or 'Right to Light' issues might undermine the chances of deals being completed and development projects getting underway.

Being pro-active was also a theme of the presentation by Mike Scanlan, a Director of Manchester chartered building surveyors Gray Scanlan Hill.  He highlighted that taking early advice from a Party Walls Act surveyor was key in a Design and Build scenario to managing both ongoing costs and the risks associated with possible party wall disputes. 

In his presentation on Section 84 applications to the Upper Tribunal (Lands Chamber) to discharge or modify problematic restrictive covenants, Andrew Francis, pre-eminent barrister from Serle Court Chambers and author of one of the definitive guides on the subject, “Restrictive Covenants and Freehold Land, A Practitioner’s Guide”, emphasised  that detail and preparation were of critical importance in attempts to secure a favourable outcome.

As well as insight from the day's speakers, the seminar also gave delegates the chance to mingle with some of the country's most notable investors, developers, property managers and agents.