The online resource for UK Property Law

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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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Public and Private Right of Ways and the Ownership of Roads

This case centres around whether the owners of a bungalow could obtain vehicular access over the neighbouring farm, as there had been no right of way reserved over the grounds of Woodside Bungalow. With the first solicitor's letter in relation to this litigation being written in October 1960, the first proceedings failed to establish such rights and were concluded, after an appeal to the Court of Appeal in 1979, with the grant of an injunction against the then owner of the bungalow preventing him from using part of the track that led through the farm’s farmyard. The second set of proceedings brought were struck out as a result of abuse of process. The proceedings at the centre of this article were initially commenced in 2011 by the Claimant, who was seeking to prevent the current owner of the bungalow from using a different part of the track. 
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Conveyancing

The court considered some of the difficult issues that arise in an application for summary judgment in a claim for damages for professional negligence against solicitors for paying away completion monies and failing to facilitate registration at HM Land Registry.
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Commercial Property

Ian Quayle considers an unusual professional negligence case involving a joint venture where a very basic error led to a significant claim.  It is important to verify who the client is and what the status of the client is when dealing with joint ventures. This case reveals how a simple mistake can have drastic consequences for all concerned. 
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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. 

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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.

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