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1 – 10 of 343
Article
Publication date: 1 March 1992

Alec H. Evans

Offers a practical guide to the Valuation and Community ChargeTribunals (VCCT) which now list large numbers of appeals against the newrating assessments for hearings. Outlines…

Abstract

Offers a practical guide to the Valuation and Community Charge Tribunals (VCCT) which now list large numbers of appeals against the new rating assessments for hearings. Outlines methods for the preparation and presentation of evidence for hearings.

Details

Property Management, vol. 10 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 1 March 1994

W.H. Rees

Discusses why there should be mechanisms for the settlement of valuationdisputes. The various forms are: the Lands Tribunals in the UK; localtribunals and courts; arbitrations;…

769

Abstract

Discusses why there should be mechanisms for the settlement of valuation disputes. The various forms are: the Lands Tribunals in the UK; local tribunals and courts; arbitrations; pre‐trial reviews; mediation or conciliation; the role of the valuer when involved in litigation; the role of the bench. Suggests a possible system – local tribunals without power to award costs; appeals to a technical tribunal, hearings being de novo, the tribunal having power to award costs; appeals thereafter to the courts on points of law only. Looks at: the differences between the roles of the advocate and the expert witness and the duties of an expert witness. Gives an outline of the rules as to admissibility of valuation evidence; the leading cases and some practical points about giving evidence. Discusses combining the roles of expert witness and advocate.

Details

Journal of Property Valuation and Investment, vol. 12 no. 1
Type: Research Article
ISSN: 0960-2712

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Article
Publication date: 1 August 2002

Neil Crosby, John Murdoch and Anthony Lavers

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in…

1845

Abstract

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in the UK courts, had found that expert valuation witnesses do not always perform rationally, for example informing courts that valuations can be undertaken within acceptable tolerances of valuation accuracy, while giving expert evidence that differed by more than these tolerances. There was evidence that, while well aware of their overriding duty to the court or tribunal, expert witnesses were frequently producing client‐biased valuations. Such findings provoked questions as to whether standards would be improved by two recently proposed alterations to current practice: either the introduction of a system of compulsory training and accreditation for such witnesses, or a change from the process by which expert valuation evidence is normally presented (one expert witness for each party to a dispute) to the use of a single expert, appointed either by the parties jointly or by the court. A case analysis is performed and conclusions discussed.

Details

Journal of Property Investment & Finance, vol. 20 no. 4
Type: Research Article
ISSN: 1463-578X

Keywords

Content available
Article
Publication date: 1 May 1998

729

Abstract

Details

Journal of Property Valuation and Investment, vol. 16 no. 2
Type: Research Article
ISSN: 0960-2712

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Article
Publication date: 1 May 1997

William McCluskey

Currently, within the UK there are in operation three quite distinct rating appeal systems, one each for England and Wales, for Scotland and for Northern Ireland. In each, there…

357

Abstract

Currently, within the UK there are in operation three quite distinct rating appeal systems, one each for England and Wales, for Scotland and for Northern Ireland. In each, there are particular rules pertaining to such matters as the rights of a ratepayer to appeal, time limits to instigate appeals and the forums or mechanisms for dealing with appeals. Quinquennial revaluations are now the “norm” for Scotland, England and Wales and potentially for Northern Ireland, with the result that appeals against assessments are increasing across all three jurisdictions. In recognition of the fact that as rating valuers now represent clients across the breadth of the UK, this necessitates a working knowledge of each of the appeal processes. Focuses attention, therefore, on those procedural matters relevant to rating appeals in Northern Ireland.

Details

Journal of Property Valuation and Investment, vol. 15 no. 2
Type: Research Article
ISSN: 0960-2712

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Article
Publication date: 20 September 2013

Gary Sams

Annual update on caselaw relating to compulsory purchase and compensation. This paper aims to discuss these issues.

577

Abstract

Purpose

Annual update on caselaw relating to compulsory purchase and compensation. This paper aims to discuss these issues.

Design/methodology/approach

Research of decisions made by the Court of Appeal and lands tribunal in the filed of compensation. Commentary on the legal and valuation implications of a selection of those decisions.

Findings

In the last year there have been a number of interesting cases concerning whether losses based on the value of land can be claimed under the head of disturbance.

Research limitations/implications

The research is naturally limited by the caselaw available in the last 12 months but this has been a relatively busy year.

Practical implications

The commentary should assist practitioners to formulate claims for compensation having regard to recent developments in case law.

Originality/value

It is originality and value relies on the fact that it is based on new legal decisions which have not yet been widely reported.

Details

Journal of Property Investment & Finance, vol. 31 no. 6
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 1 March 1994

Andrew Wells

Considers the valuation of blocks of flats as a result of the LeaseholdReform, Housing and Urban Development Act, 1993. Qualifying residents ofblocks of flats now have the…

635

Abstract

Considers the valuation of blocks of flats as a result of the Leasehold Reform, Housing and Urban Development Act, 1993. Qualifying residents of blocks of flats now have the collective right to acquire the freehold and intermediary interests provided procedure is followed and price is agreed. Gives a critical analysis of the rules for valuation set out in Section 32 and Schedule 6 of the Act and by use of worked examples, gives guidance on the three constituent elements of the required valuation. The valuation of the freeholders′ existing interest, the split of marriage value and the compensatory issues are all considered. As well as giving the general background to leasehold reform and enfranchisement since the Leasehold Reform Act, 1967, also considers some of the management and practical issues affecting a compulsory freehold purchase of this nature. The right of appeal to the Leasehold Valuation Tribunal and ultimately the Lands Tribunal are also considered.

Details

Journal of Property Valuation and Investment, vol. 12 no. 1
Type: Research Article
ISSN: 0960-2712

Keywords

Article
Publication date: 26 August 2014

Richard Grover

The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold value of…

Abstract

Purpose

The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold value of a dwelling that a lease of a given unexpired term comprises. There are a number of such graphs in existence put forward by practitioners based on their experience and as a result of research but they contain different values. The paper explores why this might be the case and how this issue can be resolved.

Design/methodology/approach

The paper examines the literature on graphs of relativity and the various graphs that have been published and critically examines the methodologies behind them to see if these account for the differences between them.

Findings

There are different methodologies that have been employed in producing the graphs, including transaction evidence, the opinions of practitioners, and tribunal decisions, and these may account for some of the differences. Many of the graphs are based upon relatively small samples, particularly at specific points on the graphs, so there are likely to be differences as a result of sampling errors. The graphs mix together properties with different characteristics, which could be a further source of variability.

Practical implications

Further research is needed to produce a more definitive graph of relativity based on a larger sample of properties and that reflects the differences between properties.

Originality/value

The paper challenges the notion that there is a single graph of relativity in which the length of the lease term remaining is the only significant variable and argues that there are likely to be multiple graphs of relativity that reflect the risks associated with investing in leasehold property.

Details

Journal of Property Investment & Finance, vol. 32 no. 6
Type: Research Article
ISSN: 1463-578X

Keywords

Content available
Article
Publication date: 11 July 2008

696

Abstract

Details

Journal of Property Investment & Finance, vol. 26 no. 4
Type: Research Article
ISSN: 1463-578X

Content available
Article
Publication date: 1 August 2001

Gary Sams

392

Abstract

Details

Journal of Property Investment & Finance, vol. 19 no. 4
Type: Research Article
ISSN: 1463-578X

1 – 10 of 343