All Property articles – Page 34
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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
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NewsLand Registry updates guidance on first registration and general vesting declaration
Land Registry has updated its guidance for conveyancers that outlines the steps to take when registering estates in land for the first time. The new edition of practice guide 1 replaces the June 2014 edition.
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NewsCourt of appeal rules trespasser can acquire title by adverse possession
The Court of Appeal has upheld ([2015] EWCA Civ 17) a first instance decision which allowed a squatter to obtain title to land by adverse possession, despite it being a criminal offence to do so.
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AnalysisSpotlight: Charalambous v Ng
In yet another twist in the tale of tenancy deposits, the Court of Appeal has been presented with another scenario not clearly addressed by the relevant legislation or existing case law
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News
MPs call for Law Commission review into manorial rights
The Commons Justice Committee has called on the Law Commission to investigate whether the law relating to manorial rights needs to be reformed. MPs have recommended that landowners claiming manorial rights should no longer be able to do so through unilateral notices
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FeatureSwings and roundabouts
Mark Carver looks at the effects of property booms and recessions on risk in conveyancing transactions, and what changes the future might bring
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FeatureFresh start
This year’s National Property Law Conference – the Property Section’s annual flagship event – looked to the future of conveyancing, and how practitioners can best prepare themselves for the coming years. Ian White reports back
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FeatureGreat expectations
In a rising market, the expectations placed on conveyancers, from not only clients, but also lenders, estate agents and mortgage brokers, can put a real strain on conveyancing practice. Paul Coombes explains how you can manage expectations and stay ahead
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OpinionThings have changed
The legal profession is naturally resistant to change, says Peter Rodd, but the transition from paper to online conveyancing is both logical and necessary
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FeatureCapital thinking
The recent changes to capital allowance rules have drastically affected how purchasers and sellers deal with commercial property transactions. Mark Tighe explains how the property practitioner now has a far more crucial role to play in the process
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FeatureAsk the experts
Roger Buston reviews a new multi-author title covering the practice of residential conveyancing, from compliance to clients, and from mortgage fraud to fees
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FeatureValue added
In the first of a new occasional series on social housing for property lawyers, Jennifer Robinson explains the key factors a commercial property lawyer has to consider when acting for Registered Providers who are acquiring land or property for development
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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
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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.
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Analysis
Nugent v Nugent
All content provided by LexisNexis. TopicsLand registration – Notice – Unilateral notice Alternative Citations[2013] EWHC 4095 (Ch) Hearing Date20 December 2013 CourtChancery Division JudgeMr Justice Morgan RepresentationMichael Jefferis (instructed by Stephen Gisby & Co) for the claimant. Christopher McNall (instructed by Kirwans) for the defendant. AbstractLand registration – Notice. The ...
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AnalysisSpotlight: Co-operative Bank plc v Phillips
The High Court has considered the circumstances in which possession proceedings commenced by a lender will be considered collateral to its powers.
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Videos
Member Stories
Solicitor Andrew Foley explains how the Law Society and the Property Section has helped his firm’s property law practice
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AnalysisTindall Cobham 1 Ltd v Adda Hotels (an unlimited company)
The Court of Appeal considered the construction of covenants against assignment contained in leases, and their interaction with the provisions of the Landlord and Tenant (Covenants) Act 1995
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FAQContact the Property Section
Membership If you have a question about joining the Section, renewing your membership or accessing your Section benefits, contact our operations team. Email: msadmin@lawsociety.org.uk Feedback Let us know if you have feedback on the Property Section, including current benefits or suggestions for future events. Email: membershipengagement@lawsociety.org.uk ...
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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