All Property articles – Page 28
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Feature
Springing into action
Warren Gordon provides an update on the work of the Law Society’s Conveyancing and Land Law Committee this spring, including around Land Registry privatisation, short-form leases and the Mortgage Credit Directive
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Feature
Put to rights
Richard Hill looks at how the court or registrar decides whether to rectify the registry, and how proposals in a current Law Commission consultation could affect the process
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Feature
Shifting sands
The digitisation of land and property data is now well under way, with Land Registry, local authorities, government bodies and search providers all embracing the change, to support the homebuying process. Kris Clark explains
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Analysis
Spotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)
This case illustrates how a landlord’s right to redevelop a property around incumbent tenants ought to be balanced against tenants’ right to quiet enjoyment of their premises. Peter Robinson, partner at Hunters (incorporating May, May & Merrimans), explains what guidance the judgment offers to a landlord when exercising a right ...
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Analysis
Taking a break
In Levett-Dunn v NHS Property Services Ltd [2016] EWHC 943 (Ch), the High Court has considered the thorny issue of the validity of notices served by a tenant to exercise a contractual break clause
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Analysis
Spotlight: Purrunsing v 1) A’Court & Co; 2) House Owners Conveyancers Ltd [2016] EWHC 789 (Ch)
In the first reported case concerning a breach of trust by a seller’s solicitors of duties owed to the buyer, the court found the solicitors liable. Douglas Rhodes looks at the important lessons all conveyancers should take away from the decision
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Analysis
Dishonest 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
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Analysis
Spotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers & Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common industry ...
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Analysis
Spotlight: Budget 2016 – bad news for big business and buy-to-let?
For the losers in this year’s budget, it inevitably means more tax. For the winners, it isn’t simply about paying later, but whether they have to pay at all. James Letchford, a property partner at Thomas Eggar (part of the Irwin Mitchell Group), considers some of the key announcements.
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Analysis
Consumer 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
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Analysis
Intended 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.
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Feature
Rain check
The long-awaited Flood Re scheme is now planned to come into force next month. Russell Hewitson outlines how the scheme will work, what properties are eligible, and how to advise clients living in flood-risk areas
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Feature
Mint conditions
The third edition of the Standard Commercial Property Conditions will soon be released. Warren Gordon provides a round-up of some of the key changes from the previous edition
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Feature
Watching brief
The Solicitors Regulation Authority is set to make major changes to regulation in the legal sector this spring. Michael Garson outlines the context for the change agenda and the particular issues around conveyancing