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Boundaries and adverse possession.
Business lease renewal.
Co-ownership and estoppel.
Easements.
Landlord and tenant (general).
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Nuisance and trespass.
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Property transactions.

The editors of this section of the site are Peta Dollar, solicitor who works as a freelance lecturer, trainer and writer (peta@petadollar.co.uk) and Alex Troup, barrister at St John's Chambers Bristol.


There are four reports this month:
  • A review of the new (3rd) edition of the Standard Commercial Property Conditions
  • A buyer’s lien in respect of a contract for a flat lease attached to the legal estate in the air space that would have been occupied by the flat.
  • A buyer’s solicitors were negligent in failing to communicate the result of a search report to their client.
  • The court considered the meaning of an obligation to use reasonable endeavours in a conditional purchase contract.
Contract terms

Standard Commercial Property Conditions (3rd Edition)

Summary of major changes from 2nd Edition

A new edition of the Standard Commercial Property Conditions was published at the end of April 2017. There are many changes from the second edition, but most of these are minor, including changes to definitions and the insertion of new definitions. An outline of the more significant changes is set out below.

Service of notices
If a fax number (or e-mail address) is specified in the contract for any party’s conveyancer, SCPC 1.3.2 automatically permits notices to be given and non-essential documents to be served on that party by fax or e-mail. SCPC 1.3.7(e) deems e-mails to be received within one hour after dispatch (rather than on the next working day under the 2nd edition).

Third party rights
SCPC 1.5 is a new provision, which states that the contract creates no third party rights.

VAT
SCPC 2 states that the seller warrants that the sale of the property will constitute a supply chargeable to VAT at the standard rate, reversing the position in the 2nd Edition. If the sale of the property is to be zero-rated, optional SCPC A1 should be used.

Payments
SCPC 3.2 and 9.7 require the deposit and completion moneys to be paid by electronic means from an account in the name of a conveyancer at a clearing bank to the s ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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