All Property articles – Page 31
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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.
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AnalysisProperty Section committee end of year review
We speak to Property Section committee members Myfanwy McDonagh and Philip Askew, and chair of the land law and conveyancing committee Warren Gordon, about their experiences of 2015, and what’s on the horizon for 2016
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
Nick Levy, real estate litigation partner at Trowers & Hamlins, discusses the last chapter in the long-running Marks & Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause
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AnalysisSpotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147
Kevin O’Brien, director and head of lender services at JCP Solicitors, comments on this recent Court of Appeal decision, likely to be of particular interest to lenders, and to solicitors acting for lenders
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FeaturePlaying it safe
Conveyancing continues to generate a significant number of professional indemnity insurance claims. Mark Carver looks at the reasons why, and the steps firms can take to mitigate their risk exposure
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FeatureNorthern exposure
As part of our series on property law in other jurisdictions, Gilbert Nesbitt outlines the residential conveyancing process in Northern Ireland, including its dual land registration systems, and the regulatory landscape
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FeatureGive and take
Catherine O’Donnell and Justine Compton provide an update on recent legislative changes affecting possession claims by landlords, and the protections afforded to tenants
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FeatureTo have and to hold
The vehicle through which property is held has major implications for its tax treatment, especially following recent changes. Adrian Benosiglio and Gary Heynes provide a beginner’s guide.
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FeatureStanding guard
As part of our focus on fraud, Richard Hill looks at the challenges facing Land Registry, and the protections available to registered proprietors to guard against registration fraud
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FeatureOne step ahead
In the first article of our series focusing on fraud, Peter Rodd provides a practitioner’s perspective on fraud in residential conveyancing and practical steps to mitigate the risk.
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FeatureBuilding up
Jonathan Smithers became president of the Law Society in July 2015. One of his presidential themes is conveyancing. Warren Gordon spoke to him about his career to date, and his and the Law Society’s plans to support property lawyers
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OpinionBack to the future
This year’s national property law conference looked to the future, and how property lawyers can equip themselves as technology advances and conveyancing evolves. Ian White reports back
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AnalysisSpotlight: Autumn statement 2015
Fionnuala Lynch, tax partner at Hamlins LLP, comments on the property headlines in this week’s autumn statement
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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
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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
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Analysis
Morshead Mansions Ltd v Di Marco
TopicsLandlord and tenant – Service charge – Flat Alternative Citations[2014] EWCA Civ 96 Hearing Date12 February 2014 CourtCourt of Appeal, Civil Division JudgeLord Justice Patten, Lord Justice Lewison and Lady Justice Sharp RepresentationMark Tempest (instructed by the Bar Pro Bono Unit) for the tenant.Philip Rainey QC and Edward Hicks (instructed ...
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Analysis
Land Registration Fee Order 2013
All content provided by LexisNexis. JurisdictionEngland; Northern Ireland; Scotland; Wales Enactment CitationSI 2013/3174 Commencement date17 March 2014 Legislation AffectedSI 2012/1969 revoked Enabling PowerLand Registration Act 2002, ss 102, 128(1) AbstractSI 2013/3174: Fees are reduced for applications to and services provided by the Land Registry. In addition those applications and services ...
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AnalysisSpotlight: Orientfield Holdings Ltd v Bird & Bird LLP
Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase