Publications by Emma Wilson
Rent Review
If a tenant has improved the premises by carrying out works outside its demise, will it pay the price for those works on rent review? In the case of Cordoba Holdings Ltd v Ballymore Properties Ltd, the Court considered a tenant's application for permission to appeal an arbitrator's award on rent review on the basis that it had carried out improvements outside its demise which in the tenant's view should have been disregarded for the purposes of the review.
Delivering vacant possession
What does vacant possession really mean? In the case of NYK Logistics (UK) Limited -v- Ibrend Estates BV, the Court of Appeal considered what a tenant is required to do when it operates a break clause conditional on delivering up vacant possession. We examine the lessons to be learned from the case.
Restrictive Covenants - applications to discharge/modify
The Land Tribunal's decision on an application by Wimpey Homes to have a restrictive covenant discharged or modified has revealed that if a developer has deliberately ignored a restrictive covenant, that will prejudice any application for discharge/modification.
Acquisition by prescription
A claimant could not establish a prescriptive easement as against the owner of the freehold where at all relevant times the land was either let to a tenant or in the occupation of a life tenant.
Adverse possession of land
Is a squatter home and dry once he has been registered as the owner of land by adverse possession? According to the case of Baxter v Mannion, not if the Land Registry has made a mistake.