This section of the site contains a number of pages that are particularly relevant to conveyancing and other aspects of property transactions.
Article contributed by Ian Quayle, Managing Editor of Property Law UK & CEO of IQ Legal Training Ltd Hudson v Hathway [2022] EWCA 1648 Bailii Link: https://www.bailii.org/ew/cases/EWCA/Civ/2022/1648.html Summary The case concerned four issues – ...
Article contributed by Peta Dollar Bailii Link: http://www.bailii.org/ew/cases/EWCA/Civ/2022/970.html Summary In this case concerning solicitors’ negligence, the Court of Appeal determined the extent of a solicitor’s tortious duty of care to a client...
Article contributed by Ian Quayle Reform of SDLT 22.9.22 The government has cut Stamp Duty Land Tax for those purchasing a residential property in England by doubling the level at which people begin paying this tax from £125,000 to £250,000. The change is...
Article contributed by Ian Quayle Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970 Summary Clients need to be made aware of searches that are available in connection with residential and commercial transactions. Caution...
THE PROBLEM WITH ESTATE RENTCHARGES Problems are being encountered by residential conveyancers acting for buyers of freehold property subject to estate rentcharges, and the purpose of this article is to clarify some of those problems. This includes clients purchasing...
The case of The Royal Parks Ltd and others v Bluebird Boats Ltd [2021] EWHC 2278 (TCC) covering the issue of what is a chattel and what is a fitting.
Exceptional circumstances Dhillon v Barclays Bank plc [2020] EWCA Civ 619 Summary An application to rectify the register by the removal of a legal charge was refused. There were exceptional circumstances which justified the non-rectification of the register. Facts Mrs...
Purchaser-s ability to rely on register as conclusive Limits on the registered owner's powers to make a disposition that are not reflected in an entry on the register Ghai v Maymask (228) Ltd [2020] UKUT 293 (LC) Summary A purchaser buying registered land need not be...
Disposals by charities Charities Act 2011 requirements David Roberts Art Foundation Limited v Riedweg [2019] EWHC 1358 Summary Where a charity fails to comply with the Charities Act 2011 when disposing of land, breach of certain requirements will not render the...
Fixtures? Fish stocks and solar panels Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 Summary Fish stocks in a commercial fishery were classified as wild animals, which could not be the subject of ownership. The seller-s rights to...
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