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...

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...

These cases deals with s49(2) of the Law of Property Act 1925, which provides the court with power to order the return of forfeited deposits. The court will only exercise its discretion under s49(2) of the 1925 Act to return a deposit in exceptional circumstances....

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...