Recent Specialist Property Law

  • Watercourse - house by river
    Feature

    Clear water

    2020-03-10T00:00:00Z

    If you are acting for a buyer of a property on a water course, do you know the rights they might have, and the liabilities that might arise? Richard Bagwell outlines the principles

  • Listed property
    Feature

    Hit list

    2018-09-05T00:00:00Z

    Listed buildings and conservation areas can trip up even the most astute conveyancer, slowing down the process, damaging client relationships, and risking breaches of consumer protection regulations. Richard Copus explains what you need to know

  • corporate building 300x206
    Feature

    Non-resident landlords: don't overlook capital allowances

    2018-08-16T08:17:00Z

    As non-UK resident landlords are set to be taxed on UK property gains from April 2019, there has never been a more important time for solicitors to highlight to their property investor clients the significance of ensuring capital allowances are not overlooked within commercial property transactions. Shaun Marsden explains

  • fence
    Analysis

    Granting the ungrantable: fencing easements after Churston Golf Club v Haddock

    2018-04-06T13:05:00Z

    A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.

  • william marriott
    Feature

    Think tank

    2018-03-06T00:00:00Z

    Clients who are buying or selling a house with a septic tank or small sewage treatment plant need to know about the relevant regulations and their implications – which could include immediate and ongoing costs. William Marriott explains

  • Peter Reekie, commentator
    Analysis

    Where liability lies: acting for fraudsters

    2016-11-18T10:27:00Z

    The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains 

  • Peter Reekie, commentator
    Analysis

    In a bind

    2016-09-28T10:46:00Z

    In Ely v Robson [2016] EWCA Civ 774, the court found that an oral agreement between cohabitees could be relied upon.

  • kary withers
    Analysis

    Spotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)

    2016-09-20T10:01:00Z

    The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords ...

  • mark hughes
    Analysis

    Lidl to worry about: the Pallant v Morgan equity revisited

    2016-08-05T11:56:00Z

    Some quarters of the legal press have been panicked about the recent outcome of a High Court judgment relating to a proposed joint venture property agreement which revisted the rules around a Pallant v Morgan trust. Mark Hughes explains why there is actually nothing to worry about…

  • Law Society Library
    FAQ

    Library FAQ: Collective enfranchisement checklists and timetables

    2016-08-03T15:06:00Z

    The Law Society Library lists resources on collective enfranchisement

  • licence to buy story graphic 1000x1000
    Feature

    Licence to bill

    2016-03-08T15:30:00Z

    An existing client comes to you with a big idea: to buy a pub. You want to take the work, but should you? Tariq Philips looks at how to make the decision, how to quote for the work, and some of the unusual elements of transactions to purchase licensed ...

  • Peter Reekie, commentator
    Analysis

    A new easement

    2016-01-22T15:22:00Z

    Is it possible to have an easement to use things like a tennis court or a golf course and to do so for free? This was the main issue in our case this month, Regency Villas Title Ltd v Diamond Resorts  (Europe) Ltd  [2015] EWHC 3564 (Ch).

  • Warren Gordon
    Event

    Webinar: Covenants and easements (12 February 2016)

    2016-01-20T16:55:00Z

    This webinar, inclusive in 2016 Property Section membership, will examine the important area of covenants and easements that cause many practical problems for conveyancers. As well as considering key elements of the current law, the webinar will address the Law Commission’s proposals for reform. 

  • Peter Reekie, commentator
    Analysis

    Blurred boundaries

    2015-06-18T16:10:00Z

    The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements

  • Squatting
    Feature

    No trespassing

    2014-12-09T00:00:00Z

    The possibility that a trespasser can acquire title to land continues to present opportunities and risks for the trespasser and original title holder alike. Michael Poulsom examines the essential principles of and recent developments in this complex area

  • Jennifer Slade
    Feature

    Beyond repair

    2014-03-11T21:20:00Z

    The changes to chancel repair liability are now almost five months old, but there remains little clarity about their impact in practice. Jennifer Slade investigates, and members of the Property Section executive committee provide their own perspectives

  • Park life image
    Feature

    Park life

    2014-03-11T00:00:00Z

    The Mobile Homes Act 2013 introduced a new compulsory system for the buying and selling of mobile homes. Neil Miller provides a beginner’s guide to the act and what it means for this small, but important, community – and those who advise them

  • Future trouble image
    Feature

    Future trouble

    2013-12-06T00:00:00Z

    Agreements attempting to give sellers a share in the increase in the value of land after it has been sold are fraught with difficulties. Michael Poulsom highlights some of the potential pitfalls to be avoided by practitioners

  • Paul Clark
    Feature

    Under the hammer

    2013-06-12T00:00:00Z

    Auction sales can be challenging even for the experienced property solicitor. Paul Clark explains how the Royal Institution of Chartered Surveyors’ Common Auction Conditions can help

  • PiP September 2012
    Feature

    Property in Practice September 2012

    2012-09-14T17:52:00Z

    This edition features lenders, tenants’ guarantees, the CQS, negligence in property practice, new builds, leasehold enfranchisement, rights of way, equity release and mortgage fraud