Ian Quayle considers another case before the Upper Tribunal where consideration was given as to whether an application to modify a restrictive covenant under S85(1)(aa) LPA 1925 was considered. The unusual feature of the case was that the applicant provided the Upper...
Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
See the topic list on the left and from the main menu.
Landlord and Tenant Act 1954, Part 2
Sarah Thompson-Copsey examines a recent case under Part 2 of the Landlord and Tenant Act 1954. The case addresses opposition on redevelopment ground, specifically s30(1)(f): the landlord’s intention, the extent of the works, and the concept of "holding." Case name,...
Why Is There Such Resistance to Lawtech?
Peter Ambrose discusses the legal sector's resistance to adopting Lawtech, highlighting the scepticism and fear among lawyers due to past failures and perceived threats to their careers. He examines the historical reluctance, the impact of the pandemic on technology...
Recruitment Overview
In this issue, Claire Louise Clarke and Lisa Edwards, Directors of The Clarke Edwards Partnership share their views on the current market and potential trigger points that may lead to resignation. They take a look at reasons for leaving and make suggestions on...
Home to Innovation: How the UK is Leading the Way in Digital Conveyancing
Paul Clarke discusses the UK's role in digitising the home buying and selling process, emphasising government investment and industry efforts to accelerate transactions, reduce fall-through rates, and improve satisfaction. The article highlights key technologies, such...
Remediation Orders – Is the FTT Being Consistent?
Robert Bowker takes a look at the take-away points from the recent decision by the FTT in Vista Tower (CAM/26UH/HYI/2022/004). The full decision is available here. Introduction This article examines whether the FTT’s recent decision in the Vista Tower case...
How to Do a Lease Renewal – Part 6
In part six of his series on lease renewal, Michael Lever offers guidance on lease renewal negotiations, covering timing strategies in various markets, legal aspects of extending notice periods under the Landlord and Tenant Act 1954, and factors affecting rent and...
Restrictive Covenants and Their Impact on Development
Joanna Morrish examines the case of Medley v Mackenzie & Ors [2024], which involves the modification and discharge of restrictive covenants under Section 84 of the Law of Property Act 1925. Case name, reference and Bailii link Medley v Mackenzie & Ors...
Restrictive Covenants – Agricultural Covenants
Discharge of a restrictive covenant under section 84 of the Law of Property Act 1925 limiting use of land to agricultural purposes. Emma Preece and Emma Humphries discuss the case of Robertson v Pace [2024] UKUT 123 (LC) (20 May 2024), which concerns the discharge of...
Ask the Expert – June 2024
In our Ask the Expert section, Ian Quayle, Managing Editor of Property Law UK, interviews seasoned legal professionals. He poses a series of questions regarding the current landscape of residential conveyancing or commercial property transactions, encouraging them to...