All Property articles – Page 36
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Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.
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AnalysisSpotlight: E.Surv v Goldsmith Williams Solicitors
The High Court rules on the terms of the ‘Bowerman duty’ around enquiries in a residential conveyancing transaction
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AnalysisThe Siemens case and the wording of break clauses
Peter Reekie looks at the Siemens Hearing Instruments Ltd v Friends Life case, which related to the position in respect of wording in a break clause, that had no apparent purpose
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Analysis
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Xenakis v Birkett Long LLP
Issues arising upon the uptake of occupation prior to the formal completion of a lease.
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Analysis
Santander UK plc v R.A. Legal Solicitors
The Court of Appeal ruled that a law firm’s departure from best practice played a material part in the loss suffered by a lender, and therefore it would not be fair to grant the law firm any relief from liability for breach of trust under section 61 of the Trustee ...
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AnalysisCourt of Appeal holds law firm accountable for lender's loss
Peter Reekie outlines the findings in the recent case around potential breach of negligence where a law firm is caught out by a fraudster
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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.
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Analysis
Bywater Properties Investments LLP & Ors v Oswestry Town Council
Construing a rent review clause in a 1960s lease.
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FeatureBeyond repair
The changes to chancel repair liability are now almost five months old, but there remains little clarity about their impact in practice. Jennifer Slade investigates, and members of the Property Section executive committee provide their own perspectives
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FeatureStatement of play
Hannah Collins provides an update on some of the property-related measures announced in the Autumn Statement 2013, and how they will affect clients – and their advisers – including charities, foreign investors and residential and commercial landlords
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FeatureLease is the word
Residential leasehold law can sometimes be a complex area of the law to navigate. Anthony Essien explains how the Leasehold Advisory Service can help guide leaseholders, landlords and lawyers alike
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FeatureA helping hand
The Help to Buy scheme launched almost one year ago, but many solicitors have still not had to deal with it in practice. Kathryn Taylor explains what it is, how it works, and the solicitor’s role within it
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FeatureGoing under
Iain Miller looks at the risks of giving or relying on undertakings, outlines enforcement options, and considers the impact of outcomes-focused regulation
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FeatureFirst place
The old, much criticised leasehold tribunal system was replaced last summer by the new Property Chamber of the First-Tier Tribunal. Michael Donnellan explains the key differences and practical points for landlord and tenant solicitors
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FeatureSeparate but equal
In the second of our series of articles in association with Land Registry, Richard Heaney looks at the use of notices and restrictions to protect third party interests in land and property when a marriage or civil partnership ends