Real Estate Law - Coursework Example

Real e law By Real e law Groove Park is an independent school that has hired Mills & Mellor to develop a piece of land that is located next to the school. However, the local council, which had hoped to sell the land to a developer to come up with a residential plan, previously owned the site, but it seemed that people in the area were not interested with developing the abandoned land. Various issues are evident in case the school decides to develop the site. First, the site has two vacant light industrial buildings that are low rise meaning that in case the land was to be developed and the laid plans implemented it would be mean that the school would be infringing on the right of to light. Secondly, there is a river that passes alongside the school that is river Wandle meaning that if a pool or residential and commercial buildings were to build in the area issues of water pollution have to be put into consideration. This is because the drainage systems would all be directed to the river causing pollution. The debris and the abandonment of the side have also caused land contamination meaning that something has to be done t o ensure that the land is restored. Lastly, there is the issue of green agenda where the school has to ensure that the facilities that are being built in school should be environmentally friendly. The major issue that should be addressed by the developers is ensuring that they do not infringe on the right to right of the individuals who have lived on the adjacent property for the past 20 years (Cox & Thompson, 2010 p. 45). A right to light is an easement that allows a landowner the right to receive or acquire light through definite apertures in buildings on his or her land. This is to say that the owner of the land that is troubled by the right cannot significantly interfere with it in instances where they want to erect a building in a manner that blocks the light without having the consent of the benefiting owner. This is because the right to light under Right to Light Act indicates that in case a person has lived in a certain property for a period of twenty years or more they should have control or should have the ability to prevent any developer or the development of a property( Mossberg, 2012.p 56). This is in cases where the construction of those properties would result to minimal loss of l light to the neighbors’ window. In the case of Grove Park Independent schools and the developers that is the Mills & Mellor LLP, they do not have a right to build or construct residential or commercial buildings that are tall as they will infringe on the right of the neighbors to have sun come into their houses (Mackenzie & Phillips, 2014.p 67). The right to light is valuable as it gives the landowner the assurance that they will have natural light, which will continue to be enjoyed in their property by increasing its value, utility and amenity. The Act further stipulates that landowners have the ability to prevent construction of any buildings that would infringe on this right. A development may be prohibited from being constructed if it has been established that it may infringe on a neighbors right to light even in cases where planning permission has been granted by the local authority. This is in cases where there the level of light falls below the approved level as it is stated to amount to an obstruction. The general rule to the right of light is that first, the reduction in light has to make the property less fit that its intended purpose. Secondly, the amount of light that is said to be appropriate varies depending on the building the use of the building, as well as, the region. Lastly, the amount that is considered to be sufficient will in some case tend to increase as the standards of expectations and living increase. Natural light is a commodity that should not be sold or bought or transferred between parties and that is the reason it is also protected under the adverse possession or under the Prescription Act of 1832, which allows twenty years enjoyment of light uninterrupted. Therefore, in case the school was to develop the land and construct buildings they should make them in such a way that they should not infringe on the right of the individuals who have o lived on the land all their lives. In case the school has to construct building that are higher than the low rise buildings on the site they should use the provided guideline by the local authority (Hastings, 2007. p 896). For example, they can use the 45 degree rule, this rule involves drawing a line that originates from the mid-point of the sill of a window that is potentially affected by the neighbors extension. Therefore, in case the proposed extension indicates or proposes an extension that crosses that line it is unlikely for it to be accepted. This means that the developers should use the stipulated rules to come up with a decision that will ensure that the construction or the development of the land will not infringe on any persons rights. The second issue that should be addressed by the developers before they put up any buildings in the site is to look at the issue of water pollution. It is clear from the onset that the water in river Wandle has already being polluted and although it is the obligation of the local government to ensure that the river is clean it has been neglected. A question that arises from the case scenario is who is the person or group that is responsible for the river. Being that the school wants to develop on the land it would be prudent for them to ensure that the river is well taken care in order for the river too provide adequate supply of water on the people living and working on the site (L. 2002.P.71). The Local Democracy, Economic Development and Construction Act of 2009, provides that the local authorities have a duty to create and promote an understanding of the democratic arrangements and functions of the authority among local people. By defining such functions the local authorities ensure that the people understand their role and the developers understand what they are supposed to do. Water pollution is a human problem and for that reason, it is important to considered various factors that may cause such pollution. For example, before the site is even developed there is a problem of water pollution meaning that it has to be rectified before the problem becomes worse. Prevention of water pollution is governed by various Acts including the Bathing Water direct that was updated in 2006, which provides that people should be provided with quality water for use where there is a need for recreation or any other uses. The people living in the area should also be made aware of the levels of contamination to ensure that they force the government to take measures to clean up the river. Under the Occupational Safety and Health Act gives the Health and Safety Executive a responsibility to enforce health and safety in the workplace or the workplace legislation (Purdue, 2006.p. 534). Additionally, The HSE plays a major role of ensuring that the residential areas or the places where people are going to occupy are safe. This reduces incidences and liability of the employer or the developer, as they will have constructed the land according to the approved plans. Therefore, before the developers decide to utilize the land they should ensure that they receive the needed consent from the HSE where they examine and determine that the provided plans will promote health and safety for the people who are going to occupy the land. The other issue that should be into consideration is on the preservation of the windmill where the school should not do away with the windmill. This is because it has been a part of the people living in the area and although they do not have the adequate funds required to develop it or put it into use they should preserve it until the time they find a use for it in the future (Low &Low, 2012.p.481). Considering the fact that the world is now looking for green energy and the materials required are expensive they should preserve the old windmill and in future they may be able to use renewable energy, which better than using non-renewable energy, which cause a lot of pollution in the earlier and it is also cheap. BMC Access & Conservation Trust is a trust that was formed to promote sustainable access to mountains, cliffs and open countryside by promoting conservation projects and education across the United Kingdom, as well as, Ireland. This groups ensures things like windmills that have been in existence are well preserved too be used as a way of educating the younger generation. The Nature Conservation and Amenity Lands Order 1995, has been used over the years to make such preservations (Best &Coppock, 2008. P. 78). This also ensures that land developers do not have the right to do away with such amenities that have been there over time. Additionally, the Natural Environment and Rural communities Act of 2006 should also be used in the case. This is to ensure that the rural communities are not affected by the acts of developers who want to do away with things that are of help to the communities such as the windmill. It is thing that is considered to be of historic interest and for that reason, it should not be done away with and it should be preserved for future generations or use. The land in the site has been contaminated due to the neglect that was, as a result of the abandonment of the car maintenance workshop and the metal fabricators who went out of business. The scrap metals have caused pollution on the land making it weak. It is important for the people who were using the land to pay for the damages caused to the land (Green, 2000. p. 359). This is because as the users of the land they had the obligation of ensuing that the land remained in proper condition or it would be habitable in case some other individuals would have wanted to develop the land. The implications of land population is that it lowers its viability as the developers will have to look for materials that will be used and they will withstand the weakness of the land (White, 2011.p.7) This is because where the land has been contaminated it provides or presents risks to the ecosystem, humans, property and water quality. In the case of the site in question the cause of water pollution would have been as a result of the contamination of the land. For that reason, it is important for the developers to determine the levels of contamination and make a quotation for damages for the individuals liable for the contamination. Additionally, before they begin making any development on the land they should ensure that there are no asbestos in the land because when people in the area are exposed to it may cause many severe illnesses including lung disorders and cancers. According to the 2012, Control of Asbestos Regulations owners of non-domestic buildings have a duty to manage any asbestos found in the premises by ensuring that they are aware of its presence and ensure that the materials in the area do not deteriorate and they should remove them if necessary. Therefore, in the case of the land to be constructed the developers should make themselves familiar with the area to ensure that there are no asbestos in the area that may cause health risks to their workers and people living in the area. The Construction (Design and Management) Regulations 2015 is a new regulation that came into force to protect the individuals involved in construction. The individuals are protected from harm and any other effects involved in the construction area. In the case of Mills &Mellor, in case they choose to undertake the project given to them by Groove Park they have to uphold to the regulations provided by the new regulation. This is because the CDM 2015 aims at improving the safety and health in the construction industry. In that, CDM helps in successfully and sensible planning of the work to ensure that the risk involved in the construction are managed from the onset to the finish of the project. Additionally, it ensures that the right people are given the right job at the right time to avoid any accidents, as well as, coordinate and cooperate what other people are working on with others. The regulation requires that all workers should be skilled, knowledgeable and well trained and experienced. This means that the principal contractor should ensure that there is proper supervision in the working area and provide an environment that is conducive for the workers to work. Therefore, if the developers were to follow the regulation they would be in a better position to ensure that all the regulations of the CDM are followed to the latter. The green agenda by the school can be pursued using the Environmental Protection Act of 1990 and the Local Agenda 21. First, the Windmill will play a major in helping with this development because it will help in introducing green or renewable energy in the school. Secondly, the developers can use green technology when it comes to the construction of the commercial and residential buildings (Xu, 2013. p.90). The use of the Clean Neighborhood and Environmental Act of 2005 will be used to ensure that the students learn about issues of utilizing and disposing sustainable and environmentally friendly energy from the use of the wind meal. The green agenda will also be a means to educate the students on the three Rs that are reducing, recycling and reusing, as well as, hazardous waste. References Best, R. H., &Coppock, J. T. 2008.The changing use of land in Britain. The changing use of land in Britain Cox, A., & Thompson, I. 2010. ‘Fit for purpose’contractual relations: determining a theoretical framework for construction projects. European journal of purchasing & supply management, 3(3), 127-135. Green, D. 2000. Land law.Land Use Policy, 2(4), p.359. Hastings, A. 2007. Territorial justice and neighbourhood environmental services: a comparison of provision to deprived and better-off neighbourhoods in the UK. Environment and Planning C, 25(6), 896. Kratovil, R. 2012. Real Estate Law.Stanford Law Review, 26(5), p.1239. L. L., 2002. Real estate —Vendor and Purchaser—Implied Right of Way—Rectification of Conveyance—Law of Property Act, 1925, s. 62. The Cambridge Law Journal, 4(01), p.71. Low, K. F., &Leow, R. P. (2012). Rescuing uncertain leases in English law: A study in compatibility for transplantation: Berrisford v. Mexfield Housing Co-operative Ltd. Singapore Journal of Legal Studies, 2012(Dec 2012), 481. MacKenzie, J. A., & Phillips, M. 2014. Textbook on land law.Oxford University Press. Mosburg, L. 2012. Real Estate Syndicate Offerings: Law & Practice. Stanford Law Review, 27(1), p.209. Penner, J. (2014).The law of trusts.Oxford University Press. Purdue, M. 2006. Integrated Pollution Control in the Environmental Protection Act 1990: A Coming of Age of Environmental Law?.The Modern Law Review, 54(4), pp.534-551. The Natural Environment and Rural communities Act of 2006 White, A. 2011. A review of UK public sector real estate asset management.Journal of Corporate Real Estate, 13(1), pp.6-15. Xu, G. 2013. Real estate, Law, and Economic Development.The Law and Development Review, 6(1) Read More