Conditional contract Reasonable endeavours - s106 agreement Yewbelle Limited v. London Green Developments Limited [2007] EWCA Civ 475 Facts This case concerned a sale contract that contained the following clause: "The Seller will use all reasonable endeavours by...
Click the down arrow on the below tab to show all available Property Law Library topics
Property Transactions
This section of the site contains a number of pages that are particularly relevant to conveyancing and other aspects of property transactions.
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 (UK) Ltd v Mischon de Reya (Conjoined appeals) [2018] EWCA Civ 1082 Summary The Court of Appeal has laid down...
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 Commission published its report making recommendations for the updating of the 2002 Act. The report is lengthy (more...
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 under three headings: Section 2 and its basic application - contract in emails Situations that are not governed by s2....
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 positive covenants against bungalow owners in the village in respect of the costs of maintaining various shared areas...
Contract
This page includes information on various matters relating to property contracts including the following: Agreements by e-mail. Assignment of benefit of consultant's report on sale of land. Correcting mistakes by construction of documents. Contract signed by agent for...
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 power to order the rectification of a forged transfer, but upon registration, the register is deemed to be conclusive and...
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 periodic sum charged on or issuing out of land, except (a) rent reserved by a lease or tenancy, or (b) any sum payable...
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 phrase mean? Is it safe to use it? Missing fixtures that were there on inspection and which have been lifted prior to...
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 demonstrated. The notice to complete was invalid because the vendor demanded too much. A request to extend time in a telephone...