The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd [2018] EWCA Civ 764.Read More
IntroductionRead More
Shortage of space in London has led to property owners and developers striving to make the fullest use of that which is available.Read More
IntroductionRead More
It is unlikely that anyone has forgotten – will ever forget – about the disaster at Grenfell Tower in July 2017, but recent Tribunal cases should serve to remind conveyancers about the importance of finding out about fire safety when buying flats.Read More
WESTMARK (LETTINGS) LTD V PEDDLE [2017] UKUT 449 (LC)Read More
Introduction Increasingly, flat owners are seeking to overcome the problems of rising service charges and declining standards of maintenance by taking over the responsibilities themselves by exercising the Right to Manage (RTM) granted to them by the Commonhold & Leasehold Reform Act 2002. However, flat owners contemplating embarking on the RTM journey should be warned […]Read More
Earlier this month we looked at the case of Watt v Dignan where the possibility of property owners losing their right to use an easement was considered.Read More
Introduction The Law Society’s Conveyancing Handbook states, at para. 26.5.1 that a Buyer’s conveyancer ‘must check the title and all the other documents in his file to ensure that the buyer will have the benefit of all the easements necessary for the enjoyment of the property’. But a recent case reminds us that although an […]Read More
Grimes v The Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361Read More
Dickinson v Cassillas [2017] EWCA Civ 1254Read More
INTRODUCTION I am so sorry to go on about long leases yet again – I am sure we are all sick to the teeth with them – but what does not seem to have received much publicity is the publication by the Council of Mortgage Lenders (now UK Finance) of ‘information’ for those acting for […]Read More
Introduction Many conveyancers will have received requisitions from Land Registry after submitting an application for registration. Eventually, if the requisition is not answered adequately, the application will be cancelled. A new application for registration will then have to be submitted. But what then happens to transactions affecting the property being transferred which are made after […]Read More
At this time of year many conveyancers are away on a well-deserved holiday – or looking forward to getting away and a welcome break from demanding clients.Read More
In this article, Paul Butt considers the impact of Japanese Knotweed on property and issues a warning to both conveyancers and homeowners alike. INTRODUCTION One of the many non-property law issues that Today’s Conveyancer must be familiar with is that of Japanese Knotweed. It has been receiving increased publicity of late – see e.g. Today’s […]Read More
Adverse Possession of the River Thames – Port of London
Introduction This case raises the unusual question as to whether mooring a house-boat on a river can give rise to a claim to adverse possession of the riverbed underneath the boat.Read More
Introduction It is probably fair to say that most conveyancing transactions in England & Wales these days use the Protocol – ostensibly at least. It is compulsory for those solicitor firms accredited to the Law Society’s Conveyancing Quality Scheme and is often adopted voluntarily by licenced conveyancers and non-CQS firms. However, looking at a couple […]Read More
In this article, Paul Butt looks at the recent decision in Gore v Naheed & Ahmed, and the additional guidance it provides to the Rule in Harris v Flower. Introduction All conveyancers are -or should be – aware of the Rule in Harris v Flower i.e. the rule of law that if you have an […]Read More
Introduction The recent case of Abdulla v Whelan [2017] EWHC 605 (Ch) reminded me of the problems that Conveyancers can have with – and confusions that can be caused by – bankruptcy and particularly when one of two co-owners has become insolvent. We all know, of course, that when an individual becomes insolvent i.e. a […]Read More
Introduction Welford v Graham [2017] UKFTT 0058(PC) (Judge Elizabeth Cooke) Wilson v Bowe [2017] UKFTT 0244 (PC) (Judge Jefferis) Two recent cases show how difficult it can be to acquire an easement by prescription. Both these cases involved an application to Land Registry by a landowner to register a claimed right of way by prescription […]Read More