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...
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Property Transactions
This section of the site contains a number of pages that are particularly relevant to conveyancing and other aspects of property transactions.
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...
Title
Specific performance Title obligations of a seller where the contract is silent and the buyer is aware of the seller-s lack of title Ezekiel v Kohali [2009] EWCA Civ 35 Summary The Court of Appeal...
Planning obligations
The cases on this page demonstrate the importance of careful drafting in the context of planning provisions in conditional sale agreements and option agreements. Topics dealt with are: Obligation to...
Perpetuities
This page contains a practice note on the new Perpetuities and Accumulations Act 2009; and an article on the "old" law in relation to instruments taking effect prior to 6 April 2010. There is also a...
Vendor’s lien
Unpaid Vendor's lien Excluded by the nature of the agreement George Wimpey Manchester Ltd v Valley & Vale Properties Ltd (in administration) [2012] EWCA Civ 233 Summary No unpaid vendor-s lien...
Contract
This page includes information on various matters relating to property contracts including the following: Agreements by e-mail. Assignment of benefit of consultant's report on sale of land....
Forgery
Rectification of transfer and charge Land Registration Act 2002 s 58 and Sched 4 Barclays Bank Plc v Guy [2008] EWCA Civ 452 Summary The court has power to order the rectification of a forged...
Rent charges
This page is concerned with rent charges and their reasonableness. Definition of rentcharge Rentcharges Act 1977 A rentcharge is any annual or other periodic sum charged on or issuing out of land,...
Misrepresentation and answers to enquiries
This article deals with a number of issues that arise when buying and selling property: "Not so far as the vendor is aware" - what exactly does this phrase mean? Is it safe to use it? Missing...