Property Law & Practice

Based on the areas of law we have studied durin" rel="nofollow">ing the first half of the module this assignment asks you to provide advice on potential legal liabilities that might arise out of the redevelopment of a derelict site. Only those areas of law that we have studied need to be referred to in" rel="nofollow">in your answer. The facts of the scenario you are asked to advise on are described below. However, where facts are not stated, you are also free to make reasonable assumptions in" rel="nofollow">in framin" rel="nofollow">ing your answer. Your client is Peel Developments Ltd. It is in" rel="nofollow">in the process of acquirin" rel="nofollow">ing the freehold in" rel="nofollow">interest in" rel="nofollow">in a site which is situated in" rel="nofollow">in what was formerly one of the in" rel="nofollow">industrial areas of Salchester, a post in" rel="nofollow">industrial city that is currently undergoin" rel="nofollow">ing substantial urban regeneration. The site is occupied by an old three-storey Victorian factory buildin" rel="nofollow">ing which has been derelict for over 10 years. It is in" rel="nofollow">in an extremely dangerous condition and, although boarded up, it is known that homeless people frequently gain" rel="nofollow">in access to the buildin" rel="nofollow">ing which is well-known locally as “the Hilton”. Peel already has well-developed proposals to demolish the existin" rel="nofollow">ing buildin" rel="nofollow">ing, and to erect a new ten-storey luxury apartment complex with underground car parkin" rel="nofollow">ing facilities on the site. The design work has all been undertaken in" rel="nofollow">in-house. The demolition and construction work has already been sent out to tender and, followin" rel="nofollow">ing completion of the purchase of the site, Peel in" rel="nofollow">intends to let the contract for the construction work to Maxwell Construction Ltd. Followin" rel="nofollow">ing completion of the project Peel will then dispose of the apartments directly to in" rel="nofollow">individual purchasers. Because of its city centre location the site is extremely close to a large number of other properties – also constructed in" rel="nofollow">in the Victorian era - owned by other parties. A tower crane will be used for the construction operations and it will be necessary for its jib to swin" rel="nofollow">ing over the land occupied by several neighbourin" rel="nofollow">ing properties. The existin" rel="nofollow">ing buildin" rel="nofollow">ing also shares party walls with adjoin" rel="nofollow">inin" rel="nofollow">ing buildin" rel="nofollow">ings on three of the four site boundaries. A number of the adjoin" rel="nofollow">inin" rel="nofollow">ing buildin" rel="nofollow">ings also have win" rel="nofollow">indows which directly overlook the site. Your contact at Peel is the managin" rel="nofollow">ing director, Mr Clifford Whitworth. He is determin" rel="nofollow">ined to keep the costs of the development down, and to min" rel="nofollow">inimize any potential legal liability to any other parties, either durin" rel="nofollow">ing the course of the construction operations, or thereafter. He has specifically requested that all necessary exclusion clauses and notices be used throughout the process to avoid any liability to the future owners of the apartments, to the owners of neighbourin" rel="nofollow">ing properties, or to anyone else who might potentially be affected by the development. In order to avoid what he describes as “gratuitous claims” from disgruntled neighbourin" rel="nofollow">ing owners he has also requested that there should be no communications of any sort with them either before or durin" rel="nofollow">ing the redevelopment. Mr Whitworth has asked you to prepare a detailed report on these matters. It should identify any potential legal liabilities by Peel or Maxwell to future owners of the apartments, to the adjoin" rel="nofollow">inin" rel="nofollow">ing owners or anyone else, which might arise out of the proposed development or the subsequent sale of the apartments. Your report should also in" rel="nofollow">include specific advice on the in" rel="nofollow">instructions relatin" rel="nofollow">ing to exclusion clauses and notices, and to the avoidance of communications with neighbourin" rel="nofollow">ing owners.