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...

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...

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...

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...

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 fixtures that were there on inspection and which have been lifted prior to...

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...