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.

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]...

read more

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...

read more

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...

read more

Positive covenants

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...

read more

Writing – s2 of 1989 Act

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....

read more

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...

read more

Deposits

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....

read more

Options

This page contains details of cases dealing with a number of matters relating to options including: Conditional contracts and options - effect of Landlord and Tenant (Covenants) Act 1995: An option for a tenancy is not "an agreement for a tenancy" for the purposes of...

read more

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...

read more
en_USEnglish