Recent news

Getting away with a deliberate breach of covenant (subject to compensation)

It is usually the case that deliberate, unlawful conduct (for example, a wilful breach of a restrictive covenant, or the deliberate interference with an easement) is likely to be punished in judicial proceedings. However, this was not the outcome in the recent case of Millgate Developments Ltd & others v Smith & The Alexander Devine Children’s Cancer Trust [2016] UKUT 515 (LC).

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.

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 155 - March 2017

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

  • Duties of care in property fraud cases - Dreamvar (UK) Limited v Mishcon de Reya;
  • Termination of side letters to leases - Vivienne Westwood Ltd v Conduit Street Development Ltd;
  • Non-reliance clauses in leases - misrepresentation - First Tower Trustees Ltd v CDS (Superstores Int.) Ltd;

...and many more...

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...