Article contributed by Peta Dollar Seema Ashraf v Lester Dominic Solicitors [2023] EWCA Civ 4 Bailii link: Ashraf v Lester Dominic Solicitors & Ors [2023] EWCA Civ 4 (13 January 2023) (bailii.org) Summary In this case, the Court of Appeal held...
Property Transactions
This section of the site contains a number of pages that are particularly relevant to conveyancing and other aspects of property transactions.
Gosling and Others v Bradbury and Another [2023] EWHC 199 (Ch)
Article contributed by Ian Quayle This case explores some fundamental requirements to establish an easement and what ancillary rights the owner of the dominant land acquires. Gosling and others v Bradbury and another [2023] EWHC 199 (Ch) The case...
Pressures Faced by Conveyancers
Article contributed by Sarah Dwight of Sarah Dwight Solicitors A recent survey has shown that there has been a widespread decline in the mental health of conveyancers over the last two years, and when we look back at what has happened in the market over that...
Regulatory Requirements for Overseas Entities
Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd Overseas entities that own land in the United Kingdom are required to register as overseas entities at Companies House – and the deadline of 31 January is...
A Recent Case Explores the Issue of Constructive Trusts
Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd Hudson v Hathway [2022] EWCA 1648 Bailii Link: https://www.bailii.org/ew/cases/EWCA/Civ/2022/1648.html Summary The case concerned four issues – ...
Spire Property Development LLP v Withers LLP [2022] EWCA Civ 970
Article contributed by Peta Dollar Bailii Link: http://www.bailii.org/ew/cases/EWCA/Civ/2022/970.html Summary In this case concerning solicitors’ negligence, the Court of Appeal determined the extent of a solicitor’s tortious duty of care to a client...
Reform of SDLT
Article contributed by Ian Quayle Reform of SDLT 22.9.22 The government has cut Stamp Duty Land Tax for those purchasing a residential property in England by doubling the level at which people begin paying this tax from £125,000 to £250,000. The change is...
Scoping the retainer, a new case but an old problem
Article contributed by Ian Quayle Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970 Summary Clients need to be made aware of searches that are available in connection with residential and commercial transactions. Caution...
Estate Rentcharges
THE PROBLEM WITH ESTATE RENTCHARGES Problems are being encountered by residential conveyancers acting for buyers of freehold property subject to estate rentcharges, and the purpose of this article is to clarify some of those problems. This includes clients purchasing...
Fixtures and Fittings
The case of The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC) covering the issue of what is a chattel and what is a fitting.