Unfair, excessive and bad in law.
In this very special series of exclusive articles for The Property Chronicle, Australian property legend Norman Harker reflects on his extraordinary 50-year life in real estate. He will pull no punches partly because, as he freely admits, Norman has a limited life expectancy of five years from December 2018 due to a diagnosed terminal blood cancer, which he has cheerfully accepted in preference to (in his words) “kicking the bucket without notice”. We are honoured he has chosen us to publish these brilliant, funny and incisive reflections of a lifetime in property.
A future client phoned and said, “I know your boss’s father!”
Me, “I never thought he knew his father!”
“I know your boss’s father!”
It went downhill from there.
Client, “I’ve got a problem. I live in Luton.”
Me, “Their soccer team is worse than Arsenal.”
Anyway, hoping no one would see me, I went up to Luton and investigated and here’s the schematic diagram of the problem:
Some explanations for those readers unfortunate in living outside the now (dis)UK.
1. Luton was a nice quiet town 35 miles from London. In 1905, a motor works was established. It was regarded as the posterior orifice of the Southeast of England, where an atomic bomb might cause £4 17s 6d damage.
2. The Compulsory Purchase Order (CPO) system in the dis(UK) is the system where various government bodies are able to acquire land from landowners.
The local authority, Luton Borough Council (LBC) had acquired some back land for a new school and had largely completed it by using a right of way to it. There was no other means of access.
A right of way only carries the right to pass and re-pass. The LBC served a CPO on the five owners who controlled the right of way.
An owner could object that the CPO was excessive and that they, the owners, were prepared to sell just the land that was required.
I served the necessary objection on my client’s behalf. My client got the other four owners to do the same. Effectively, the other four got free advice.
