Recent news

Codes for Completion: moving with the times; the Dreamvar case

The recent case of Dreamvar (UK) Limited v Mishcon de Reya & Anor [2016] EWHC 3316 (Ch) has caused alarm bells to ring in the offices of property lawyers. It involves a multiplicity of claims brought by a defrauded purchaser of property in London, against its own solicitors, and also against the solicitors acting for the purported seller. The case explores the responsibilities taken on by solicitors acting on the completion of a property transaction.

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 154 - February 2017

The February 2017 issue of the CPI Update deals with the following cases:

  • Breaching covenants against parting with possession - Reiner v Triplark;
  • Interpreting under-letting restrictions - Lunar Office SARL v Warborough Investments Limited;
  • Applying to modify restrictive covenants - Millgate Dev. Ltd v Alexander Devine Children’s Cancer Trust;

...and many more.

CPI Update 153 - January 2017

The January 2017 issue of the CPI Update deals with the following cases:

  • Competing priorities during a registration “gap” - Baker v Craggs;
  • Satisfying deposit conditions under an option to purchase - Helix 3D Ltd v Dunedin Industrial Property Nominee Ltd;
  • Is a seller’s solicitor liable for erroneous CPSE replies? Francis v Charles Knapper;

...and many more...

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...