Property Transactions
Also in Property Transactions
Rectification of Transfer Deeds: A Double-Edged Sword
‘Mistakes happen. They happen even to conscientious legal professionals, because lawyers are human. Often mistakes can be fixed, and the law relating…
Property Transactions
A buyer under a conditional contract was entitled to determine the contract and recover their deposit even though the circumstances entitling them to…
Conveyancing
The court considered some of the difficult issues that arise in an application for summary judgment in a claim for damages for professional negligence…
Williams v Williams and Others
Ian Quayle delves into a compelling case that examines the judicial approach to determining beneficial ownership within the framework of jointly held…
Risk vs No Reward – The Pitfalls of Stamp Duty for Lawyers
Article contributed by Ryan Hannah The recent autumn statement proved a disappointment for many, with no mention of Stamp Duty Land Tax from the…
Negligence – Duty of Care Owed to Non-Client
Article contributed by Peta Dollar Seema Ashraf v Lester Dominic Solicitors [2023] EWCA Civ 4 Bailii link: Ashraf v Lester Dominic Solicitors & Ors…
Gosling and Others v Bradbury and Another [2023] EWHC 199 (Ch)
Article contributed by Ian Quayle This case explores some fundamental requirements to establish an easement and what ancillary rights the owner of the…
Pressures Faced by Conveyancers
Article contributed by Sarah Dwight of Sarah Dwight Solicitors A recent survey has shown that there has been a widespread decline in the mental health…
Regulatory Requirements for Overseas Entities
Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd Overseas entities that own land in the United…
A Recent Case Explores the Issue of Constructive Trusts
Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd Hudson v Hathway [2022] EWCA 1648 Bailii Link…
Spire Property Development LLP v Withers LLP [2022] EWCA Civ 970
Article contributed by Peta Dollar Bailii Link: http://www.bailii.org/ew/cases/EWCA/Civ/2022/970.html Summary In this case concerning solicitors’…
Estate Rentcharges
THE PROBLEM WITH ESTATE RENTCHARGES Problems are being encountered by residential conveyancers acting for buyers of freehold property subject to…
Fixtures and Fittings
The case of The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC) covering the issue of what is a chattel and what is a fitting.
Rectification of register
Exceptional circumstances Dhillon v Barclays Bank plc [2020] EWCA Civ 619 Summary An application to rectify the register by the removal of a legal…
Registration
Purchaser-s ability to rely on register as conclusive Limits on the registered owner's powers to make a disposition that are not reflected in an entry…
Charities
Disposals by charities Charities Act 2011 requirements David Roberts Art Foundation Limited v Riedweg [2019] EWHC 1358 Summary Where a charity fails…
Fixtures
Fixtures? Fish stocks and solar panels Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 Summary Fish stocks in a…
Writing - s2 of 1989 Act
This page deals with a number of matters that arise out of s2 of the Law the Law of Property (Miscellaneous Provisions) Act 1989. It deals with them…
Positive covenants
This page deals with two cases on the enforcement of positive covenants: The owner of the communal parts of a holiday village was entitled to enforce…
Perpetuities
This page contains a practice note on the new Perpetuities and Accumulations Act 2009; and an article on the "old" law in relation to instruments…
Reasonable endeavours
Conditional contract Reasonable endeavours - s106 agreement Yewbelle Limited v. London Green Developments Limited [2007] EWCA Civ 475 Facts This case…
Fraud
Buyer-s failure to obtain title to property Liability of seller-s solicitor and buyer-s solicitor P&P Property Ltd v Owen White & Catlin LLP; Dreamvar…
Land Registration Reform
Law Commission Report - Updating the 2002 Act The Law Commission-s report Updating the Act (2018) Law Com No 380 Introduction On 24 July 2018, the Law…
Title
Specific performance Title obligations of a seller where the contract is silent and the buyer is aware of the seller-s lack of title Ezekiel v Kohali…
Vendor's lien
Unpaid Vendor's lien Excluded by the nature of the agreement George Wimpey Manchester Ltd v Valley & Vale Properties Ltd (in administration) [2012]…
Planning obligations
The cases on this page demonstrate the importance of careful drafting in the context of planning provisions in conditional sale agreements and option…
Contract
This page includes information on various matters relating to property contracts including the following: Agreements by e-mail. Assignment of benefit…
Forgery
Rectification of transfer and charge Land Registration Act 2002 s 58 and Sched 4 Barclays Bank Plc v Guy [2008] EWCA Civ 452 Summary The court has…
Rent charges
This page is concerned with rent charges and their reasonableness. Definition of rentcharge Rentcharges Act 1977 A rentcharge is any annual or other…
Misrepresentation and answers to enquiries
This article deals with a number of issues that arise when buying and selling property: "Not so far as the vendor is aware" - what exactly does this…
Completion
This page deals with four topics. The importance of being ready, able and willing to complete oneself before serving a notice to complete is…
Options
This page contains details of cases dealing with a number of matters relating to options including: Conditional contracts and options - effect of…
Deposits
These cases deals with s49(2) of the Law of Property Act 1925, which provides the court with power to order the return of forfeited deposits. The…
English