In Breeze v TSB Bank Plc [2024] EWHC 2427 (Ch), the court addressed TSB's entitlement to charge a different standard variable rate (SVR) for transferred Northern Rock mortgages. The case examined two key preliminary issues: whether TSB breached the express terms of...
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.
See the topic list on the left and from the main menu.
Possession Proceedings
In the first of two case studies, Nigel Clayton examines the court's powers in possession proceedings involving administrators under the Insolvency Act 1986 (IA 1986) and existing mortgage possession proceedings. The key issue revolves around whether administrators or...
Service: Search for Local Land Charges
HM Land Registry discusses the recent enhancements to the "Search for Local Land Charges" service, including improvements to the search results page, displaying mapped extents for each charge, adding unique reference numbers, and enabling searches using multiple title...
Overriding Ownership through Constructive Trusts
Ian Quayle discusses a case about the ownership of a property where the court found that a constructive trust and proprietary estoppel could override the original division of beneficial interest, despite an express declaration in a transfer form. Ian highlights how...
Enforceability of Restrictive Covenants
Ian Quayle discusses a case about the enforceability of restrictive covenants. The claimants sought to declare that a 1977 restrictive covenant did not bind their land because the purchaser under that conveyance did not own the land intended to benefit from the...
Ask the Expert- September 24
In our Ask the Expert section, Ian Quayle, Managing Editor of Property Law UK, interviews seasoned legal professionals. He poses a series of questions regarding the current landscape of residential conveyancing or commercial property transactions, encouraging them to...
How To Do a Lease Renewal- Part 8
Michael Lever details five approaches to renewing a commercial lease under the Landlord and Tenant Act 1954: formal notice, informal agreement, a combination of both, restructuring before expiry, or granting a reversionary lease. He highlights the advantages,...
Common Causes of Claims
Jenny Screech, recently retired from her position as Consultant (Professional Indemnity) at Howden Insurance Brokers Limited, shares her valuable insights from years of experience in the field. We are delighted that she has provided us with her expert advice, helping...
Post-Completion Training for Support Staff
IQ Legal Training and Property Conveyancing Consultancy (PCC) have recently partnered to supply a series of 3 webinars focusing on key post-completion topics with a focus on how to avoid unnecessary requisitions raised by HM Land Registry. The webinars were conducted...
Considering your Career? Should I use a Recruitment Consultant?
There are many benefits to using a recruitment consultant to help you secure your next role. The team at The Clarke Edwards Partnership have extensive experience of recruiting into the legal sector as well as firsthand experience of working in legal HR and in property...