The Report into the Grenfell Tower Inquiry called for a review of the definition of Higher Risk Buildings. In this article, Andrew Butler KC explores the problems which such a review might open up. Amongst the welter of difficult concepts introduced by the Building...
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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Increased Rent and Negotiating Position for Telecoms Site Providers
Charlotte Brasher discusses The Vache Farm decision which brings welcome news for landowners on rental levels and the inclusion of re-development break clauses in telecoms leases. Case Name, Reference and BAILII link EE Limited and Hutchison 3G Limited v. AP...
Lease Renewals under the LTA: Proceed with Caution
In a case analysis by Hassan Karim, the dispute centres on an unopposed business lease renewal claim brought by Kwik-Fit Properties Limited against Resham Limited. The case focuses on three key terms: a tenant’s break option, contribution to accessway maintenance, and...
Death of a Mortgagor
Nigel Clayton considers a case involving a property claim after the death of a mortgagor with a lifetime mortgage. The lender sought possession, while the defendant, LK, representing the estate, defended on grounds of mortgage mis-selling, an overriding interest, and...
Challenging Mortgage Account Claims
Nigel Clayton examines a case where a mortgagor (CL) sought an account of the balance owed, while the mortgagee (Topaz Finance) applied to strike out the claim. The court addressed the mortgagor’s entitlement to an account, dismissing CL's overcharge allegations due...
Construction Law – Collateral Warranties
In this article, Peta Dollar examines a UK Supreme Court ruling that collateral warranties are not "construction contracts" under the Housing Grants, Construction and Regeneration Act 1996. As a result, disputes over these warranties cannot be referred to adjudication...
Ask the Expert – July 2024
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...
Elizabeth Fisher’s Journey to Tanfield Chambers
In this Q&A session, Ian Quayle talks with Elizabeth Fisher about her transition to Tanfield Chambers. Elizabeth shares her reasons for the move, including her focus on career development and a supportive environment. She details her decision-making process, the...
Boundary Disputes and Determined Boundary Applications
Ian Quayle discusses a case highlighting the challenges of boundary disputes and applications to the HM Land Registry. The First Tier Tribunal dealt with a dispute over the exact boundary between uncultivated grass paddocks based on a 2006 land transfer. Case...
High Court Clarifies Scope of Mines and Minerals Reservation in North Yorkshire Land Case
Ian Quayle discusses a High Court case on the interpretation of a reservation of mines and minerals in land conveyances from 1946-1947 in North Yorkshire. The case centred on whether potash and salt fell within this reservation, considering the historical and...