Recent news

When is a covenant not a covenant?

When is a covenant not a covenant? Perhaps when the judge decides it is an easement? In the recent case of Churston Golf Club v Haddock [2018] EWHC 347 (Ch), the court interpreted the language of a 1972 conveyance (which, for all the world, appeared to have imposed a covenant) and construed the drafting as having created an easement.

The pain of settlement: the EMI case and the 1995 Act

There was universal disappointment amongst those with an interest in commercial certainty and sensible development of the law when it was discovered that there was to be no appeal hearing in the case of EMI Group Ltd v O & H Q1 Ltd [2016] EWHC 529 (Ch). The parties have reached a settlement agreement.

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).

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 168 - May 2018

The May 2018 issue of the CPI Update deals with the following cases:

  • An entire agreement clause does not preclude implying terms - J N Hipwell & Son v Szurek.
  • Tenants’ covenants against applying for planning permission - Rotrust Nominees Ltd v Hautford Ltd. 
  • Losing SDLT relief for higher threshold interests - Goode Cuisine Company Ltd v Revenue and Customs.

...and many more...

CPI Update 167 - April 2018

The April 2018 issue of the CPI Update deals with the following cases:

  • How far downwards does a lease of the ground floor extend? - Gorst v Knight.
  • The VAT/TOGC dangers of paying a deposit to an agent - Clark Hill Ltd v Revenue & Customs Commissioners.
  • Does an obligation to fence a boundary abandon an easement? - Annetts v Adeleye.

...and many more...

CPI Update 166 - March 2018

The March 2018 issue of the CPI Update deals with the following cases:

  • Good and bad reasons for refusing consent to assign - No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd;
  • Non-compliance with pre-emption rights (Part 1, LTA 1987) - Jones v Mahmut;
  • An easement of fencing - Churston Golf Club v Haddock;

...and many more...