Article contributed by Ian Quayle Ian Quayle discusses a recent case which has examined some of the issues associated with adverse possession and provides useful reminders for busy practitioners. Case name, reference and Bailii link - Rowlands v...
Click the down arrow on the below tab to show all available Property Law Library topics
Residential Conveyancing
Shill Properties Ltd v Bunch
Ian Quayle reviews a peculiar case involving a buyer who advised that it was a cash buyer when this was not the case and a solicitor who purported to exchange without possessing a signed contract. Case name, reference and Bailii link Shill Properties Ltd v...
Japanese Knotweed–Insure or Litigate?
Article contributed by Robert Kelly - Stewart Title According to a recent YouGov poll, 63% of house buyers would consider suing former owners if they discovered Japanese Knotweed in their garden after moving in. Although sellers of properties are asked in the TA6...
Enquiries
Article contributed by Zoe Upson, Property Legal Trainer The ongoing debate about what are and are not protocol enquiries is ever raging yet there is no firm guidance for conveyancers on this point. Some firms will raise enquiries about everything still, in...
Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch); [2023] PLSCS 8
Article contributed by Ian Quayle, IQ Legal Training Ian Quayle reviews another misrepresentation case presented before the courts which follows on from Downing v Henderson. The recent unreported case of Rosser v Pacifico Ltd [2023] in the London Central County...
Climate Change Guidance
Article contributed by Ian Quayle The Law Society of England and Wales have produced the long-awaited Climate Change Guidance on the 19.4.23 with a promise to produce sector-specific guidance later. Whilst the guidance is useful from the perspective of providing...
New Builds and The Developers Pledge
Article contributed by Ian Quayle, Managing Editor Given the ongoing problems concerning building safety compounded by the Building Safety Act 2022 the fact that 49 of the UK house builders have made a pledge with the Government to: Take responsibility for...
Negligent Conveyancing – The 10 Most Common Errors
Article contributed by John de Waal KC, Gatehouse Chambers Conveyancing errors account for at least 60% of claims made to solicitors’ professional indemnity insurers and continue to provide a steady stream of work for the Bar. These are some of the errors we...
The Jurisdiction of the Party Wall Surveyor
Article contributed by Katie Gray, Tanfield Chambers Power & Kyson v Shah [2023] EWCA Civ 239 Bailii Link: https://www.bailii.org/ew/cases/EWCA/Civ/2023/239.html Disputes under the Party Wall etc. Act 1996 (“the Act”) rarely trouble the Court of Appeal, so...
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Article contributed by Robert Kelly, Stewart Title Many property lawyers will be familiar with the case of Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] UKSC 45. In this case, the Supreme Court declined to exercise its discretion to vary...