Featured commentary – Page 3
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FeatureDrafting overage provisions: consider all eventualities
Peter Reekie comments on Sparks v Biden [2017] EWHC 1994 (Ch), in which the High Court intervened to settle a dispute between a seller and buyer.
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FeatureWhat's my share?
Peter Reekie comments on the beneficial interest discussion in Insol Funding Company Ltd v Cowlam [2017] EWHC 1822 (Ch).
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FeatureClash of neighbours
Peter Reekie comments on what began as a neighbour dispute over a gas meter - Dickinson v Casillas [2017] EWCA Civ 1254.
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FeaturePrivate eyes
Peter Farrington, vice president of the Association of British Investigators, explains how private investigators can be a valuable asset for a solicitor dealing with possession proceedings, and gives some tips on building an effective working relationship.
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FeatureAccessing neighbouring land via easement
In Gore v Naheed [2017] EWCA Civ 369, Peter Reekie looks at how additional land may benefit from an easement.
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AnalysisFollow your lease to the letter
In TGC Pubs Ltd [2017] EWHC 772 (Ch), the High Court considered whether a letter given to the landlord constituted the grant of an option to purchase, as required by the lease and whether a subsequent request to assign had been properly made.
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NewsThe Homelessness Reduction Act 2017 - catching mammoths with straw nets?
Daniel Fitzpatrick, partner at Hodge Jones & Allen, discusses the Homelessness Reduction Act 2017.
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FeatureOff-plan property development: a risky business
Eason and another v Wong [2017] EWHC 209 (Ch) – under certain circumstances a lien is applicable to a buyer’s deposits, making them a secured creditor, when a seller liquidates.
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FeatureMortgage fraud: spotting the warning signs
Peter Rodd has been leading our series of fraud and cybersecurity seminars taking place until the end of June. Here, he shares a real-life example of mortgage fraud and the warning signs that the conveyancer failed to spot.
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NewsSide letters: a cause for concern
Peter Reekie looks at the recent case of Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch).
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NewsSale of land – breach of contract
The Court of Appeal reviewed if there was a breach of contract in, Savills (UK) v Blacker and another [2017] EWCA Civ 68.
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AnalysisIs an oral contract for the sale of land enforceable?
In Matchmove Ltd v Dowding, the High Court was asked to decide whether an oral contract for the sale of land is enforceable.
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AnalysisA costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
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AnalysisWhere liability lies: acting for fraudsters
The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains
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AnalysisDanger for solicitors where seller is a fraudster: P and P Property Ltd
Warren Gordon outlines the recent case of P&P Property Limited v (1) Owen White and Catlin LLP (2) Crownvent Limited t/a Winkworth, in which the seller was a fraudster
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AnalysisLidl to worry about: the Pallant v Morgan equity revisited
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…
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AnalysisBreaking up is hard to do?
Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.
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AnalysisPreventing easements by prescription
In Winterburn v Bennett, the Court of Appeal held that a landowner could prevent easements arising by prescription by placing notices on its land. Peter Reekie discusses