Ian Quayle considers an unusual professional negligence case involving a joint venture where a very basic error led to a significant claim.
It is important to verify who the client is and what the status of the client is when dealing with joint ventures. This case reveals how a simple mistake can have drastic consequences for all concerned.
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Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
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Boundary Disputes
Ian Quayle discusses another boundary case that came before the Central London County Court which highlights the dangers of incorrect boundary identification, and the high risks associated with litigation concerning litigating boundary disputes.
When acting in a residential or commercial property transaction involving the division of an existing plot, be careful to ensure the boundary is adequately described and that any plans used are accurate.
Residential Leasehold
Given the recent guidance and wording for contractual provisions to deal with leasehold management issues during the registration gap provided by the City of London Law Society this case highlights the problem which the wording can alleviate.
An equitable owner cannot be classified as the “landlord” during the gap between legal completion and the registration of the equitable owner as registered proprietor for the purposes of sections 79(6)(a) and 88 of the Commonhold and Leasehold Reform Act 2002 as the legal interest in the property is still vested in seller pending completion of the registration.
Recovering Possession as a Landlord
The Unintended Consequences of Our Actions
Mortgage
In this article, Nigel Clayton examines a case involving professional negligence and mortgage identity fraud, focusing on the enforcement of contractual undertakings, breach of trust, and an application for summary judgement.
read moreAsk the Expert – January 2025
Rent Review Dispute Resolution – Part 1
Property Law Recruitment Update
Restrictive Covenants
In this article, Georgina Muskett discusses an application for modification of restrictive covenant to allow erection of an office unit on land used for agricultural purposes.
An application for the modification of a restrictive covenant to allow for the demolition of redundant agricultural buildings and the erection of a modern office unit, succeeded under ground (aa) of section 84(1) of the Law of Property Act 1925 (reasonable user). The modification was limited to permit the redevelopment scheme for which the applicant had planning permission, and compensation was awarded to the objectors.
English 