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...

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...

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....

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...

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 confirmed earlier case law that stated that, where the buyer has actual...

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 enter into planning obligation under s106 of 1990 Act - careful...

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 case report on Cosmichome Limited v Southampton City Council [2013]...

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 can arise where it is excluded by the nature of the transaction. Facts...

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...

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...