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Boundaries and adverse possession
Adverse possession
Acknowledgement of title
Adverse possession and Pye v Graham
Consent
Criminal offence
Estoppel
Highways
Human rights
Land Registration Act 2002
Other miscellaneous points on adverse possession
Adverse possession
Boundary agreements
Deeds, plans and boundary features
Experts
Practical Tips for Boundary Problems
Presumptions
T-marks
Tidal waters
Trees and hedges
Building Business
30 Years Ago, Doing Business Changed Forever
Websites and How to Attract Conveyancing Clients
Business lease renewal
"Forfeiture of Leases"
Compensation
Contracting out
COVID and Rent Review
Does the Act apply?
Easements on renewal
Electronic Communications Code
Green Lease Terms
Ground (b)
Ground (c)
Ground (f)
Ground (g)
Insolvency of landlord
Intention to Occupy
New lease terms (other than rent and duration)
Registration of claim
Rent and duration
Section 25 notices
Section 26 requests
Surrender
Turnover Rents
Climate Risk
Co-ownership and estoppel
Proprietary estoppel
Assurance and reliance - Thorner
Yeomans Row v Cobbe
Equitable accounting
Laches and estoppel
Legal and beneficial ownership
Orders for sale
Pallant v Morgan
Partnership
Proprietary estoppel
Quistclose trust
Satisfying the equity
Conveyancing Quality Scheme
Assessments
Key questions concerning the new CQS scheme
SRA Guidance on Leasehold Transactions
Conveyancing Technology
Defective Title Insurance
Boundary Issues
Introducer or Intermediary?
Easements
Right to light
Damages
Excluding the right
Injunction?
Abandonment
Construing rights of way
Extent of grant
Extinguisment
Fencing
Gardens
Implied and s62
Increasing the burden
Parking and mooring
Prescription
Repair to right of way
Sporting and recreational rights
Substantial interference
Electronic Communication Code
Landlord and tenant (general)
Break clauses
Material compliance and breaches
Notices
Repayment of rent
Vacant possession
Consents
Alterations
Change of use
Conditions
Landlord's response
Reasonable refusal
Tenant's request
Underletting
Dilapidations
Breach
Damages and s18 cap
Double Value claim
Landlord's obligation
Miscellaneous
Miscellaneous
Schedules and notices
Forfeiture
Other cases
Overlapping demise
Registration gap
Relief
Rent claims
Section 146 notices
Settlement and discontinuance
Surrender by agreement (conditional)
Unlawful forfeiture
Waiver
Rent review
Arbitration
Construction
Presumption of reality
Rent review notices
Time of essence
Assignment
Break clauses
Chattels and fixtures
Commercial Rent (Coronavirus) Act 2022
Consents
Construction of lease terms
Dilapidations
Disclaimer
Forfeiture
Frustration of lease
Goods left on the premises
Ground Rents
Insolvency
L & T (Covenants) Act 1995
Lease or licence?
Legal Costs and Service Charges
Merger
Mutual enforceability of covenants
Notices - service
Nuisance
Penalty clauses
Rent
Rent review
Residential Leaseholds - The big picture
Residential Leases- Vectis Property Company Ltd v Cambrai Court Management Company Ltd [2022] UTUK 42 (LC) - Katie Grey, Richard Alford, Edward Blakeney and Robyn Cunningham
Restraint of trade
Service charges and insurance (general)
Set-off
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Turnover Leases
Uncertain term
Unlawful eviction
Legal Costs
Legal Recruitment
Long leases
Enfranchisement
Development Value and Enfranchisement
Dwelling?
Forfeiture - s168
House?
Insurance
Notices
Terms of the transfer
Unfair contract terms
Valuation
Enfranchisement
Insurance and Repairing Covenants
Manager under 1987 Act
Mobile homes and caravans
Right of first refusal
Right to manage
Service and administration charges
Variation of lease terms
Miscellaneous
Additional Enquiries
Civil and Tribunal procedure
Electric Charging Points
Execution by companies
Guarantees and indemnities
Mobile Homes and Caravans
Mortgages
Mortgage possession
Assignee of charge
Costs
Counterclaim and set-off
Discrimination defences
Mortgage Possession Claims
Mortgage Possession Proceedings
Possession claims
Receivers
Redemption
Time to sell
Exoneration
Facility agreement
Forgery
Interest
Limitation and shortfall
Loan Agreements
Marshalling
Miscellaneous Provisions
Mortgage possession
Mortgages - Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)
Negligence and loans
S 36 of the Administration of Justice Act 1970
Subrogation
Tenants of mortgagees
Undue influence
Nuisance and trespass
Damages - account of profits
Defects in neighbouring property
Defences
Fire
Japanese Knotweed
Occupation by licensee
Overlooking
Self-help
Trees
Trespass
Water
Planning
Community Infrastructure Levy (CIL)
Environment Act 2021
The Environment ACT 2021 – Why bother now?
Change of use
Children
Compensation
Compulsory purchase
Conditions
Deceit
Development plans
Environmental
Green Belt
Party walls
Permission
Policy
Statutory Declarations and Certificates of Lawfulness
The Environment ACT 2021 – Why bother now?
Possession claims
Human Rights Act defences
Weaver
Appeals
Bankruptcy
Cause of action estoppel
Discrimination defences
Homeless persons
Notice and Possession Claims
Protection from Eviction Act
Public Sector Equality Duty
Setting aside orders and warrants
Suspending warrants
Trespassers
Warrants
Property litigation
Applications and Strategies
Compromise
Damages in lieu of injunction
Declaration
Illegality and Mortgage Fraud
Occupation Rents
Tomlin orders
Tribunal jurisdiction and procedure
Without prejudice
Property transactions
Charities
Completion
Contract
Deposits
Estate Rentcharges
Fixtures
Fixtures and Fittings
Forgery
Fraud
Land Registration Reform
Misrepresentation and answers to enquiries
Options
Overage
Perpetuities
Planning obligations
Positive covenants
Reasonable endeavours
Rectification of register
Registration
Rent charges
Title
Vendor's lien
Writing - s2 of 1989 Act
Public access to land
Town and village greens
Human rights
Relationship to planning
Commons
Right to roam
Town and village greens
Residential tenancies
Anti-social behaviour
Committal
Injunctions under 1996 Act
Possession orders
Disrepair claims
Costs in disrepair cases
Damages for disrepair
Defective Premises Act
Flexible tenancies
Liability of landlord
Notice of disrepair - s11
Anti-social behaviour
Assured shortholds - s21 notices
Assured tenancies
Boats
Building Safety
Demise
Disrepair claims
Electrical safety standards
Ground Rents
Introductory tenancies
Licences
Limitation Periods
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Right to Manage
Secure tenancies
Solicitors Practice Points
Tenant Fees Act
Tenant's notice to quit
Unlawful eviction
Restrictive covenants
Annexation - Bath Rugby Ltd
Benefit of covenants
Burden
Consent to development
Enforcing covenants
Interpretation - breach
Modification and discharge
Overage
Variation under s610 of 1985 Act
Shared Ownership
2021 Shared Ownership Model Lease

Mortgages

This section contains material on a number of matters relating to mortgages. The topics covered can be seen in the contents list on the left.

Loan Agreements

The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ([email protected])  Campbell v Tyrrell, [2022] EWHC 423 (Ch) http://www.bailii.org/ew/cases/EWHC/Ch/2022/423.html  Summary  The High Court had to consider whether a pre-1st...

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Miscellaneous Provisions

The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ([email protected])  Campbell v Chief Land Registrar  [2022] EWHC 200 (Ch)  http://www.bailii.org/ew/cases/EWHC/Ch/2022/200.html   Summary  A charge by deed by way of legal...

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Possession claims

Written by Nigel Clayton. Global 100 Limited v Laleva, [2021] EWCA Civ 1835 A transcript of the decision can be downloaded here. In this case the Court of Appeal explained what is meant by the words in CPR 55.8(2): “Where the claim is genuinely disputed on grounds...

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S 36 of the Administration of Justice Act 1970

Written by Nigel Clayton. Liddiment v Hull [2021] EWHC 3418 (Ch) A transcript of the decision can be downloaded here. In its decision, the High Court clarified a number of issues about the way in which the statutory power in Section 36 Administration of Justice Act...

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Mortgage Possession Claims

Written by Nigel Clayton. Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch) A transcript of the decision can be downloaded here. In this case, the High Court struck out a defence and counterclaim in mortgage possession proceedings which were caught by a full and...

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Redemption

Clog on equity of redemption Liability for contingent costs Re: Industrial North West LLP (in Administration) [2020] EWHC 3052 (Ch) Summary A mortgagee was entitled to retain security, notwithstanding the repayment of a loan, against a contingent liability for legal...

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Receivers

Entitlement to claim possession Availability of s36 AJA 1970 to the borrower? Menon v Pask and Goode [2019] EWHC 2611 (Ch) Summary Receivers appointed by a bank as mortgagee were entitled to sue for possession, notwithstanding that they acted as agents of the...

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Assignee of charge

Assignee claiming possession Assignment of debt Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) Summary In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession...

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