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