Servitude meaning

In this issue: Forfeiture Contractual issues Repairing obligations and dilapidations Service charges Key developments and horizon scanning Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Forfeiture Valuing a claim for wrongful forfeiture (Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd) In Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch), [2024] All ER (D) 77 (Jul), the court threw out a landlord’s winding-up petition for £167,593.41 presented against a company established to operate a school. It held there was a firmly arguable position that the majority of the petitioned sum was not rent arrears, but consideration payable for shares in the company. The judge further acknowledged a cross-claim with a genuine prospect of success, quantified at no less than £546,000 in...

In this issue: Property management Insurance Transferring property Property development Environment, energy and buildings Property insolvency Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Property management RICS Consultation on Service Charges in Commercial Property The Royal Institution of Chartered Surveyors (RICS) is seeking views on a second edition of its Professional Standard for Service Charges in Commercial Property. RICS confirms that the updated standard, scheduled for release in summer 2025, is intended to tackle key challenges in administering service charges, including the timely issue and prompt circulation of budgets and year-end certificates, and aims to reduce the causes of disputes between landlords and tenants, providing clearer guidance on resolution where there are disputes and related disagreements between parties. RICS also confirms it will support the negotiation, drafting, interpretation and day-to-day operation of leases, ensuring they adhere to recognised industry best practice...

In this issue: Service charges Enfranchisement and right to manage Enforcing security and property insolvency Repairing obligations and dilapidations Disputes and remedies Property Disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q&As Service charges Insurance commission as service charge (Octagon Overseas v Cantlay) In Octagon Overseas v Cantlay [2024] All ER (D) 03 (Apr), [2024] UKUT 72 (LC), the Upper Tribunal (Lands Chamber) (UT) allowed the appellant landlords’ appeal against the First-tier Tribunal (Property Chamber) (FTT) concerning insurance commissions and fees received by the landlords (or their agents) in their capacity as estate landlords. The UT noted that the FTT had concluded the respondent leaseholders contributed £1,517,372 towards fees paid to the associated company, WMS, between 2010 and 2020, and was satisfied the landlords had not established entitlement to any sum...

What is human trafficking? The widely recognised description appears in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organisational Crime. This instrument provides the accepted definition used to describe trafficking in persons internationally today. It covers the recruitment, transport, transfer, harbouring or receipt of people through threats or actual force, other types of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by giving or taking payments or advantages to secure the consent of someone who controls another person, all for the purpose of exploitation. Exploitation, at a minimum, includes profiting from the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices akin to slavery, servitude, or the removal of organs. Human trafficking describes moving a person from one location to another into exploitative circumstances by using deception, coercion, the misuse of power, or taking advantage of a person’s vulnerability. Such trafficking can...

Ownership, leasing or any other lawful use of land typically depends on being able to get to it, so that the land can be enjoyed. The public may use roads and footpaths adopted by local authorities and, where a plot abuts an adopted road, gaining access is usually uncomplicated. Where access must cross another person’s land, recourse to common law or statute might be available, but buyers will ordinarily prefer a formal arrangement—such as a contractual right or servitude—where none already exists. If land is held in common or jointly, each owner may reach and traverse it without needing separate access rights. This Practice Note outlines the typical access questions that can arise in Scottish property deals and the matters a seller’s and a buyer’s solicitor may need to consider. The same themes can arise in lease transactions between landlord and tenant solicitors; for simplicity in this Practice Note, the parties are described as ‘seller’ and ‘buyer’ and the deal as a sale or purchase. Access from a publicly...

This route applies to individuals recognised through the UK’s modern slavery identification framework, the National Referral Mechanism (NRM), who need permission to stay in the UK in order to meet their recovery needs, seek compensation, or assist with a trafficking prosecution. Securing permission on the basis of recovery needs typically demands robust medical evidence of a high standard. Even so, this category only grants limited leave without a defined path to settlement, so it is generally used by people who plan either to depart the UK afterwards or to attempt a switch into another immigration category. Most often, people switch to and/or also pursue a protection claim or a human rights claim, though moving into other routes, such as Skilled Worker, is also possible. Victims of modern slavery may contact legal representatives once they are already within the NRM to obtain targeted legal help with preparing an application for Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery, known as ‘VTS’, and securing the necessary permission to...

[ Insert organisation name ] is committed to preventing modern slavery and human trafficking within our organisation and to addressing the risk of it arising in our supply chain. This policy outlines the measures we will pursue and sets out what we expect from our staff and the third parties we work with. 1 What is slavery? 1.1 The Modern Slavery Act (MSA) 2015 covers four activities: Slavery – exercising powers of ownership over an individual. Servitude – where the obligation to provide services is imposed through coercion. Forced or compulsory labour – work or services demanded under the threat of a penalty, without the person having offered themselves freely. Human trafficking – arranging or facilitating another person’s travel with the intention of exploiting them. 1.2 This policy applies to all four activities. 2 Identifying slavery 2.1 There is no typical victim, and some individuals may not realise they have been exploited or that they are entitled...