Recent Specialist Property

Feature

The drinks business

2020-09-02T00:00:00Z

Niall McCann and Richard Williams look at what property solicitors need to know when acting on transactions involving licensed premises where the tenant or owner is insolvent

Feature

Clear water

2020-03-10T00:00:00Z

If you are acting for a buyer of a property on a water course, do you know the rights they might have, and the liabilities that might arise? Richard Bagwell outlines the principles

Feature

Hit list

2018-09-05T00:00:00Z

Listed buildings and conservation areas can trip up even the most astute conveyancer, slowing down the process, damaging client relationships, and risking breaches of consumer protection regulations. Richard Copus explains what you need to know

Analysis

Granting the ungrantable: fencing easements after Churston Golf Club v Haddock

2018-04-06T13:05:00Z

A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.

Feature

Think tank

2018-03-06T00:00:00Z

Clients who are buying or selling a house with a septic tank or small sewage treatment plant need to know about the relevant regulations and their implications – which could include immediate and ongoing costs. William Marriott explains

Analysis

Where liability lies: acting for fraudsters

2016-11-18T10:27:00Z

The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains 

Analysis

In a bind

2016-09-28T10:46:00Z

In Ely v Robson [2016] EWCA Civ 774, the court found that an oral agreement between cohabitees could be relied upon.

Analysis

Spotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)

2016-09-20T10:01:00Z

The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords ...

Analysis

Lidl to worry about: the Pallant v Morgan equity revisited

2016-08-05T11:56:00Z

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…

Feature

Licence to bill

2016-03-08T15:30:00Z

An existing client comes to you with a big idea: to buy a pub. You want to take the work, but should you? Tariq Philips looks at how to make the decision, how to quote for the work, and some of the unusual elements of transactions to purchase licensed premises

Analysis

A new easement

2016-01-22T15:22:00Z

Is it possible to have an easement to use things like a tennis court or a golf course and to do so for free? This was the main issue in our case this month, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2015] EWHC 3564 (Ch).

Analysis

Blurred boundaries

2015-06-18T16:10:00Z

The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements

Feature

Beyond repair

2014-03-11T21:20:00Z

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

Feature

Park life

2014-03-11T00:00:00Z

The Mobile Homes Act 2013 introduced a new compulsory system for the buying and selling of mobile homes. Neil Miller provides a beginner’s guide to the act and what it means for this small, but important, community – and those who advise them

Feature

Future trouble

2013-12-06T00:00:00Z

Agreements attempting to give sellers a share in the increase in the value of land after it has been sold are fraught with difficulties. Michael Poulsom highlights some of the potential pitfalls to be avoided by practitioners

Feature

Under the hammer

2013-06-12T00:00:00Z

Auction sales can be challenging even for the experienced property solicitor. Paul Clark explains how the Royal Institution of Chartered Surveyors’ Common Auction Conditions can help

Feature

Property in Practice September 2012

2012-09-14T17:52:00Z

This edition features lenders, tenants’ guarantees, the CQS, negligence in property practice, new builds, leasehold enfranchisement, rights of way, equity release and mortgage fraud