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.

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

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

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

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

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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. Correcting mistakes by construction of documents. Contract signed by agent for...

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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 transfer, but upon registration, the register is deemed to be conclusive and...

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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, except (a) rent reserved by a lease or tenancy, or (b) any sum payable...

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Overage

Introduction What is "overage"? What are the constituent elements of an overage clause? How long will it last? What will trigger the payment? How will the payment be secured? What are the drafting issues? In this detailed article Peta Dollar, the editor of the...

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Completion

This page deals with four topics. The importance of being ready, able and willing to complete oneself before serving a notice to complete is demonstrated. The notice to complete was invalid because the vendor demanded too much. A request to extend time in a telephone...

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