The online resource for UK Property Law

Property transactions

This section of the site contains a number of pages that are particularly relevant to conveyancing and other aspects of property transactions.

Rectification of register

Exceptional circumstances Dhillon v Barclays Bank plc [2020] EWCA Civ 619 Summary An application to rectify the register by the removal of a legal charge was refused. There were exceptional circumstances which justified the non-rectification of the register. Facts Mrs...

read more

Registration

Purchaser-s ability to rely on register as conclusive Limits on the registered owner's powers to make a disposition that are not reflected in an entry on the register Ghai v Maymask (228) Ltd [2020] UKUT 293 (LC) Summary A purchaser buying registered land need not be...

read more

Charities

Disposals by charities Charities Act 2011 requirements David Roberts Art Foundation Limited v Riedweg [2019] EWHC 1358 Summary Where a charity fails to comply with the Charities Act 2011 when disposing of land, breach of certain requirements will not render the...

read more

Fixtures

Fixtures? Fish stocks and solar panels Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 Summary Fish stocks in a commercial fishery were classified as wild animals, which could not be the subject of ownership. The seller-s rights to...

read more

Reasonable endeavours

Conditional contract Reasonable endeavours - s106 agreement Yewbelle Limited v. London Green Developments Limited [2007] EWCA Civ 475 Facts This case concerned a sale contract that contained the following clause: "The Seller will use all reasonable endeavours by...

read more

Fraud

Buyer-s failure to obtain title to property Liability of seller-s solicitor and buyer-s solicitor P&P Property Ltd v Owen White & Catlin LLP; Dreamvar (UK) Ltd v Mischon de Reya (Conjoined appeals) [2018] EWCA Civ 1082 Summary The Court of Appeal has laid down...

read more

Land Registration Reform

Law Commission Report - Updating the 2002 Act The Law Commission-s report Updating the Act (2018) Law Com No 380 Introduction On 24 July 2018, the Law Commission published its report making recommendations for the updating of the 2002 Act. The report is lengthy (more...

read more

Writing – s2 of 1989 Act

This page deals with a number of matters that arise out of s2 of the Law the Law of Property (Miscellaneous Provisions) Act 1989. It deals with them under three headings: Section 2 and its basic application - contract in emails Situations that are not governed by s2....

read more

Positive covenants

This page deals with two cases on the enforcement of positive covenants: The owner of the communal parts of a holiday village was entitled to enforce positive covenants against bungalow owners in the village in respect of the costs of maintaining various shared areas...

read more