All Property articles – Page 29
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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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AnalysisSpotlight: Edwards v Kumarasamy [2016] UKSC 40
The Supreme Court has ruled on an intermediate landlord’s liability to repair common parts. Douglas Rhodes explains the implications of this long-awaited judgment.
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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
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FeatureThe line of duty
The new higher stamp duty land tax rate for additional properties came into effect on 1 April 2016. Nigel Popplewell outlines how the changes apply to purchasers of residential property
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OpinionHoming in on fraud
Nicholas Gurney-Champion considers a recent Treasury paper that outlines wide-ranging modernisation plans for the home-buying process, and a High Court judgment that found conveyancers on both sides of a property transaction liable to a defrauded buyer
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FeatureThe long and short of it
Philip Askew outlines how to advise buyers of leasehold property on potential pre-completion or future lease extensions, including the complexities where the remaining lease term is less than 80 years
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FeatureBreathing room
As of 20 June 2016, the deadline for telegraphic transfers of funds – also known as CHAPs payments – will be extended by one hour and 40 minutes. Thom Wilkinson explains the implications of the change for practitioners
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FeatureMoving with the times
Lucy Trevelyan looks at recent trends in the use of office space in law firms and beyond – including agile working, shoring and activity-based working – and examines the drivers for change, plus the benefits and possible pitfalls
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FeatureLow on energy
From 2018, new regulations will restrict the letting of commercial properties with an energy efficiency rating below E. Claire-Elaine Arthurs outlines what actions landlords and tenants should take now
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FeatureSpringing 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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FeaturePut 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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FeatureShifting 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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AnalysisSpotlight: 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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AnalysisTaking 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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AnalysisSpotlight: 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