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Property Law Library
2022 Round-up
Client-Focused Technology Development
Digital Marketing Trends
Rent review
Residential Lease Conveyancing in 2022
Ask The Expert
Ask The Expert February
Ask The Expert January
Boundaries and adverse possession
Adverse possession
Acknowledgement of title
Adverse possession and Pye v Graham
Consent
Criminal offence
Estoppel
Highways
Human rights
Land Registration Act 2002
Milton Keynes Council v Wilsher and another [2022] EWHC 578 (QB)
Other miscellaneous points on adverse possession
Highway Boundaries and Property Transactions
Highway Boundaries and Property Transactions
Adverse possession
Boundary agreements
Deeds, plans and boundary features
Experts
Practical Tips for Boundary Problems
Presumptions
T-marks
Tidal waters
Trees and hedges
Building Business
30 Years Ago, Doing Business Changed Forever
Websites and How to Attract Conveyancing Clients
Business lease renewal
"Forfeiture of Leases"
Compensation
Contracting out
COVID and Rent Review
Does the Act apply?
Easements on renewal
Electronic Communications Code
Green Lease Terms
Ground (b)
Ground (c)
Ground (f)
Ground (g)
Insolvency of landlord
Intention to Occupy
New lease terms (other than rent and duration)
Obligation to Pay Lease Rent
Registration of claim
Rent and duration
Section 25 notices
Section 26 requests
Surrender
Turnover Rents
Climate Risk
Climate Change and Conveyancers
Setting the Standard: Climate Risk Insights for Property Transactions
Co-ownership and estoppel
Proprietary estoppel
Assurance and reliance - Thorner
Williams v Williams and ors [2022] EWHC 1717 (Ch) 
Yeomans Row v Cobbe
Equitable accounting
Laches and estoppel
Legal and beneficial ownership
Orders for sale
Pallant v Morgan
Partnership
Proprietary estoppel
Quistclose trust
Satisfying the equity
Commercial Property
A Successful Unjust Enrichment Claim in a Farming Family Context
The Interaction Between Commercial Property Contracts and Planning
Compliance
How frequently should you refresh ID?
Conveyancing Quality Scheme
Assessments
Key questions concerning the new CQS scheme
SRA Guidance on Leasehold Transactions
Defective Title Insurance
Boundary Issues
Introducer or Intermediary?
Easements
Right to light
Damages
Excluding the right
Injunction?
Abandonment
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Construing rights of way
Extent of grant
Extinguisment
Fencing
Gardens
Implied and s62
Increasing the burden
Parking and mooring
Permission Stops Prescriptive Rights
Prescription
Repair to right of way
Sporting and recreational rights
Substantial interference
Electronic Communication Code
Interim Rights of Access for Operators under the Electronic Communications Code
Property Litigation – The Electronic Communications Code (the Code)
Environment
Interview with Dr Timothy Farewell, Head of Science, Dye & Durham UK
Soil Subsidence Due Diligence: Today and Tomorrow
Highways
Defective Manholes
Highways maintainable at public expense: what are they, and how do you identify them? PART 1
Landlord and tenant (general)
Address for Service
Break clauses
Material compliance and breaches
Notices
Repayment of rent
Vacant possession
Commercial Leases
Rent review
Commercial Property Rent Review
Commercial property rent review
How To Do a Rent Review - Part 1
How To Do a Rent Review – Part 2
Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd
Coldunell Ltd v Hotel Management International Ltd
Commercial Leases – Rent Arrears
Commercial Property Rent Review
Commercial property rent review
Commercial Rent (Coronavirus) Act
Leasehold Service Charges
Notice To Quit Oral Periodic Tenancy
Now It’s Seller Beware!
OG Thomas Amaethyddiaeth Cyf v Turner 2022 EWCA Civ 1446
Option To Call for New Lease Terminated for Breach
Rent arrears; Commercial Rent (Coronavirus) Act 2022
Valley View Health Centre (a firm) and others v NHS Property Services Ltd [2022] EWHC 1393 (Ch)
Complex Ownership Structures
Is my HA my landlord? And does it matter
Is My HA My landlord? Checklist PART 3
Is My HA My Landlord? Part 2: Pitfalls
Consents
Alterations
Change of use
Conditions
Landlord's response
Reasonable refusal
Tenant's request
Underletting
Contract
Aslam v Rehman [2022] UKUT 251 (LC)
Contract – contract formation
Dilapidations
Breach
Damages and s18 cap
Double Value claim
Landlord's obligation
Miscellaneous
Miscellaneous
Schedules and notices
Forfeiture
Other cases
Overlapping demise
Registration gap
Relief
Rent claims
Section 146 notices
Settlement and discontinuance
Surrender by agreement (conditional)
Unlawful forfeiture
Waiver
Ground Rents
Stampfer v Avon Ground Rents Ltd [2022 EWCA Civ 1375
Lease Extensions
Notices to quit
Landlord and tenant; Notices to quit
Rent review
Arbitration
Commercial property rent review
Construction
Presumption of reality
Rent review notices
Time of essence
Residential Leases
Applications for First Registration and the Registration Gap
Issues with Shared Ownership
Lease Extension tips for Conveyancers
Residential tenancies
Anti-social behaviour
Committal
Injunctions under 1996 Act
Possession orders
Disrepair claims
Costs in disrepair cases
Damages for disrepair
Defective Premises Act
Flexible tenancies
Liability of landlord
Notice of disrepair - s11
Anti-social behaviour
Assured shortholds - s21 notices
Assured tenancies
Boats
Building Safety
Demise
Disrepair claims
Electrical safety standards
Ground Rents
Introductory tenancies
Licences
Limitation Periods
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Right to Manage
Secure tenancies
Solicitors Practice Points
Tenant Fees Act
Tenant's notice to quit
Unlawful eviction
Service charges; Insurance 
Assethold Limited v Hoye and Fox [2022] UKUT 173 (LC)
Assethold Ltd v Adam [2022] UKUT 282 (LC)  
Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan [2022] EWCA Civ 831 
The Leasehold Reform (Ground Rent) Act 2022
The Leasehold Reform (Ground Rent) Act 2022
The Renting Homes (WALES) ACT 2016
The Renting Homes (WALES) ACT 2016
Assignment
Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd
Break clauses
Chattels and fixtures
Coldunell Ltd v Hotel Management International Ltd
Commercial Rent (Coronavirus) Act
Commercial Rent (Coronavirus) Act 2022
Consents
Construction of lease terms
Dilapidations
Disclaimer
Forfeiture
Frustration of lease
Goods left on the premises
Ground Rents
Insolvency
L & T (Covenants) Act 1995
Landlord and Tenant; Address for Service
Landlord and tenant; Notices to quit
Lease or licence?
Legal Costs and Service Charges
Llangewydd Court Ground Rent Estate v Ralph [2021] UKUT 251 (LC)
Merger
Mutual enforceability of covenants
Notices - service
Nuisance
Penalty clauses
Rent
Rent review
Residential Leaseholds - The big picture
Residential Leases- Vectis Property Company Ltd v Cambrai Court Management Company Ltd [2022] UTUK 42 (LC) - Katie Grey, Richard Alford, Edward Blakeney and Robyn Cunningham
Restraint of trade
Service charges and insurance (general)
Set-off
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Turnover Leases
Uncertain term
Unlawful eviction
Legal Costs
Fixed Recoverable Costs
The Recovery of Legal Costs
Legal Recruitment
Rampling Clarke – The Professional Recruitment Company
Legal Technology
Conveyancing technology … what next?
Crypto Conveyancing
Data Due Diligence When It Matters
Digital by default 
How frequently should you refresh ID?
Mitigating the Risk of Cyber Fraud
What Does It Mean ‘To Be in Business’ in 2023?
Long leases
Enfranchisement
Development Value and Enfranchisement
Dwelling?
Forfeiture - s168
House?
Insurance
Notices
Terms of the transfer
Unfair contract terms
Valuation
Aviva Investors’ Ground Rents v Williams
Enfranchisement
Insurance and Repairing Covenants
Manager under 1987 Act
Mobile homes and caravans
Right of first refusal
Right to manage
Service and administration charges
Variation of lease terms
Miscellaneous
Property Boundaries and Cartography
Property Boundaries and Cartography
Additional Enquiries
Civil and Tribunal procedure
Electric Charging Points
Execution by companies
Guarantees and indemnities
Meet the Authors
Register of Overseas Entities
Mobile Homes and Caravans
Mortgages
Debt Respite Scheme
Lees v Kaye and Dixon
Mortgage possession
Assignee of charge
Costs
Counterclaim and set-off
Discrimination defences
Mortgage Possession Claims
Mortgage Possession Proceedings
Possession claims
Receivers
Redemption
Time to sell
Mortgages and Insolvency
Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria
Mortgages and Regulatory Compliance
Mortgages and Regulatory Compliance
Exoneration
Facility agreement
Forgery
Interest
Interest-Only Mortgage
Limitation and shortfall
Loan Agreements
Marshalling
Miscellaneous Provisions
Mortgage possession
Mortgages - Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)
Negligence and loans
R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd
S 36 of the Administration of Justice Act 1970
Subrogation
Summers v TSB Bank Plc
Tenants of mortgagees
Undue influence
New Build Property
New Builds
Nuisance and trespass
Damages - account of profits
Defects in neighbouring property
Defences
Fire
Japanese Knotweed
Occupation by licensee
Overlooking
Self-help
Trees
Trespass
Water
Planning
Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL)
Environment Act 2021
The Environment ACT 2021 – Why bother now?
Rights to Light in Neighbour Disputes
Not in YOUR Backyard! Rights to Light in Neighbour Disputes
Change of use
Children
Compensation
Compulsory purchase
Conditions
Deceit
Development plans
Environmental
Green Belt
Party walls
Permission
Planning Authorities and the Avoidance of "Fleeceholding"
Policy
Shutting The Door On Working From Home?
Statutory Declarations and Certificates of Lawfulness
Stranger than fiction
The Environment ACT 2021 – Why bother now?
Possession claims
Human Rights Act defences
Weaver
Appeals
Bankruptcy
Cause of action estoppel
Discrimination defences
Homeless persons
Notice and Possession Claims
Protection from Eviction Act
Public Sector Equality Duty
Setting aside orders and warrants
Suspending warrants
Trespassers
Warrants
Property litigation
Applications and Strategies
Compromise
Damages in lieu of injunction
Declaration
Dell v 89 Holland Park Limited [2022] UKUT 169(LC)
Highways maintainable at public expense: what are they, and how do you identify them? PART 1
Illegality and Mortgage Fraud
Occupation Rents
Property litigation
Property Litigation & ADR
Property Litigation: Fattal v Fattal [2022] EHWC 950 (Ch)
Tomlin orders
Tribunal jurisdiction and procedure
Without prejudice
Property transactions
Scoping the retainer
Scoping the retainer, a new case but an old problem
SDLT
Reform of SDLT
A Recent Case Explores the Issue of Constructive Trusts
Charities
Completion
Contract
Deposits
Estate Rentcharges
Fixtures
Fixtures and Fittings
Forgery
Fraud
Gosling and Others v Bradbury and Another [2023] EWHC 199 (Ch)
Land Registration Reform
Misrepresentation and answers to enquiries
Options
Overage
Perpetuities
Planning obligations
Positive covenants
Pressures Faced by Conveyancers
Reasonable endeavours
Rectification of register
Registration
Regulatory Requirements for Overseas Entities
Rent charges
Spire Property Development LLP v Withers LLP [2022] EWCA Civ 970
Title
Vendor's lien
Writing - s2 of 1989 Act
Public access to land
Town and village greens
Human rights
Relationship to planning
Commons
Right to roam
Town and village greens
Residential
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Beneficial Interests of Cohabitees – An End to the “Never Ending Story”?
Restrictions
Restrictive covenants
Annexation - Bath Rugby Ltd
Benefit of covenants
Burden
Consent to development
Enforcing covenants
Freehold Restrictive Covenants: Tips and Pitfalls for Conveyancers
Interpretation - breach
Modification and discharge
Overage
Restrictive Covenants – principles of construction
Variation under s610 of 1985 Act
Rights of Way
Banks and another v Blount [2022] EWHC 1491 (QB)
Is Your Right of Way Sufficient?
Shared Ownership
2021 Shared Ownership Model Lease
Transactional Issues
Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria
Transactions
Batish & Ors v Inspired Sutton Limited & Ors
Building Safety Act Q&A
Dissolution, Escheat & Vesting Orders

Residential

Restrictions

Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd   In this article I would like to remind practitioners about the use of restrictions in the conveyancing process and how to deal with restrictions that cannot...

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