Recent news

Form K16 searches in registered land purchases?

A recent article in the Law Society Gazette (“Bankruptcy in conveyancing”, 1 August 2016) addresses the risks of a sole vendor becoming bankrupt, or subject to bankruptcy proceedings, during a property sale, and considers the extent to which a buyer’s conveyancer might be considered negligent for failing to discover the proceedings.

E-signatures for land contracts: a premature step?

A joint working party of The Law Society Company Law Committee and the City of London Law Society Company Law and Financial Law Committees has published a note, based on the opinion of leading counsel (Mark Hapgood QC) on the effects of executing a document using an electronic signature.

Recent CPI Updates

Apportioning rent: Marks and Spencer plc v BNP Paribas

One of the features of the recent Supreme Court judgment in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 was the unequivocal approval of the Court of Appeal decision in Ellis v Rowbotham [1900] 1 QB 740 on the liability of a tenant to pay, in full, rent reserved quarterly in advance.

Why landlords should really think about securing a release

The recent case of Reeves & Downing v Sandhu (2015) Ch D 13/01/2015 demonstrates why it really is a good idea for a landlord to seek a release from further liability to its tenant where the reversion is transferred.

Reliance upon a Professional Consultant's Certificate in new-builds

What is the usefulness to a buyer of the type of Professional Consultant's Certificate in new-build conveyancing referred to in the CML Handbook?

Recent Q&A

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989?

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989? Is an online property auction a public auction?

Notice to Quit under s27(2) L&T Act 1954

1. Can a tenant serve Notice to Quit by e-mail when holding over on a commercial lease?
2. Do the Lease provisions or statutory provisions on Notices govern service in such cases?

Does an easement include a right to make a roadway?

Is it a rule of law that, where land has the benefit of a right of way, the dominant owner enjoys implied right to construct a useable road over the servient land?

Recent CPI Archives

CPI Update 152 - December 2016

The December 2016 issue of the CPI Update deals with the following cases:

  • Interpreting multiple condition contract - Dooba Developments Ltd v McLagan Investments Ltd;
  • The extent of a seller’s solicitor’s warranty of authority - P&P Property Ltd v Owen White and Catlin LLP;
  • The registration of town and village greens - R (on the application of Allaway & Pollock) v Oxfordshire CC;

...and much more...

CPI Update 151 - November 2016

The November 2016 issue of the CPI Update deals with the following cases:

  • Registration gap problems on the sale of land - Stodday Land Limited and Ripway Properties Limited v Pye;
  • Unreasonably refusing licence to assign - No.1 West India Quay (Resi.) Ltd v East Tower Apartments Ltd;
  • Using restrictive covenants with overage - Bryant Homes Southern Ltd v Stein Management Ltd;

...and many more...

CPI Update 150 - October 2016

The October 2016 issue of the CPI Update deals with the following cases:

  • The unexplored remedy of a rentcharge owner - Roberts v Lawton;
  • Negligence in the giving of a certificates of title - Connaught Income Fund, Series 1 (in liquidation) v Hewetts;
  • Compensation for modifying restrictive covenants - In the matter of Sunita Surana’s application;

...and many more...