The case is required reading for all property lawyers, dealing as it does with service of notices at common law, under contracts and under the Interpretation Act 1978. It also grapples with the question of what is a “notice”?
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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.
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“No Business Use” Doesn’t Always Prevent Some “Business Use”
A Practical Guide to the Law of Parking in Great Britain
Public and Private Right of Ways and the Ownership of Roads
Rent Review Dispute Resolution – Part 2
Conveyancing
Mortgage Possession Proceedings
Commercial Property
Boundary Disputes
Ian Quayle discusses another boundary case that came before the Central London County Court which highlights the dangers of incorrect boundary identification, and the high risks associated with litigation concerning litigating boundary disputes.
When acting in a residential or commercial property transaction involving the division of an existing plot, be careful to ensure the boundary is adequately described and that any plans used are accurate.
Residential Leasehold
Given the recent guidance and wording for contractual provisions to deal with leasehold management issues during the registration gap provided by the City of London Law Society this case highlights the problem which the wording can alleviate.
An equitable owner cannot be classified as the “landlord” during the gap between legal completion and the registration of the equitable owner as registered proprietor for the purposes of sections 79(6)(a) and 88 of the Commonhold and Leasehold Reform Act 2002 as the legal interest in the property is still vested in seller pending completion of the registration.