Latest commentary – Page 4
-
AnalysisDishonest discharge
The High Court has ruled that Land Registry can sue conveyancers for mortgage representations - a reminder of the care that needs to be taken when making representations, says Peter Reekie
-
AnalysisConsumer protection has arrived in conveyancing - are you ready?
Legislation in force since 2014 has a significant impact on the duties of solicitors in conveyancing transactions in general and dealings involving consumers. Lawrence Heller explains
-
AnalysisIntended occupation
Our case this month saw the Court of Appeal clarifiy the test for a landlord successfully resisting an application for a new lease on the basis it intends to occupy the premises for the purpose of its own business.
-
AnalysisYou may well ask
The High Court has awarded damages to a buyer following rescission of a property contract for fraudulent misrepresentations in pre-contractual enquiries. Peter Reekie has the facts
-
AnalysisA new easement
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).
-
FeatureProperty case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.
-
AnalysisTalking shop
Peter Reekie considers Jewelcraft Ltd v Pressland, in which the Court of Appeal has clarified what is a ‘house’ for the purposes of enfranchisement under the Leasehold Reform Act 1967.
-
AnalysisChallenging the notice to complete
In Hakimzay Ltd v Swailes, the High Court considered an attempt by a party that had been served with a notice to complete to evade the enforcement of the contract. Peter Reekie explains why they failed
-
AnalysisChalet or chattel?
In Spielplatz Ltd v Pearson, the Court of Appeal had to decide whether a chalet was a chattel or had become part of the land on which it was situated. Peter Reekie explains
-
AnalysisCommercial sense? Arnold v Britton and service charges
The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase
-
AnalysisBlurred boundaries
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
-
AnalysisThe right to an indemnity: Swift reaches the Court of Appeal
In what circumstances may registered chargees be entitled to an indemnity under schedule 8 to the Land Registration Act 2002?
-
AnalysisAll change for landlords' repairing obligations?
Peter Reekie considers a case which addresses the extent of a landlord’s repairing obligations where only part of a building is let
-
AnalysisWhat you see is what you get
Hardy v Griffiths is a salutary reminder to carry out a survey before, and arrange an inspection of, the property as close to exchange of contracts as possible
-
AnalysisSupreme Court upholds decision on breach of trust damages to lenders
The Supreme Court has dismissed an appeal made by AIB Group for compensation for both an error made by a law firm, plus all its other losses, following breach of trust in a remortgage transaction
-
AnalysisThe end of the Dolphin Square saga?
In Westbrook Dolphin Square Ltd v Friends Life Ltd, we consider the validity of a scheme that was partly designed to facilitate an enfranchisement claim under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
-
AnalysisGiving a guarantee on an intra-group transfer
Tindall Cobham 1 Ltd v Adda Hotels shows that it is possible to apply the principles of construction to save the valid elements of a covenant by pruning away the bad sections
-
AnalysisTroublesome lease clauses
Recently, the most troublesome lease clauses have been those dealing with termination – specifically break rights. I consider two recent high profile cases that illustrate this point.
-
AnalysisUnoccupied properties: tax liabilities
Peter Reekie looks at two recent cases which deal with different possible arguments for potentially avoiding liability for rates on unoccupied properties
-
AnalysisTown and village greens: UKSC overturns House of Lords decision
Peter Reekie looks at a recent attempt to prevent development taking place on vacant land by applying to register it as a town and village green