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.
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...
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...
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...
Law Commission Report - Updating the 2002 Act The Law Commission-s report Updating the Act (2018) Law Com No 380 Introduction On 24 July 2018, the Law Commission published its report making recommendations for the updating of the 2002 Act. The report is lengthy (more...
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...
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...
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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