121 results
15 Oct 2018 15:17
Big changes for HMO landlords take effectNew government regulations came into force in England on 1st October requiring all new and existing landlords of Houses in Multiple Occupation (“HMO’s”) to obtain licences for their properties. Government estimates suggest that the Licensing of Houses in Multiple Occupation (Prescribed Description) more...
9 Oct 2018 16:23
Trusts and Estates Seminar - ChesterDate: 15 November 2018 Venue: The Grosvenor Hotel, Eastgate, Chester, CH1 1LT (directions here) Tickets: £30 (incl VAT) Time: Registration: 4.30pm. Talks: 5.00pm CPD: 2 hours Drinks and canapés will be provided. Our Trusts and Estates Seminar will feature presentations from: Julian Shaw – Trust more...
9 Oct 2018 09:06
Restrictions on the use of land under Inclosure Awards: how can they be modified or avoided?Answer: with some difficulty. Introduction This article aims to explain: Briefly, the background to Inclosure Awards; How such awards they might give rise to restrictions on the use of land; and How those restrictions might be modified or discharged/avoided, if a different use is desired for the more...
25 Sep 2018 08:26
Assessing damages in breach of contract claim for negligent survey (Moore and another v National Westminster Bank Plc)What is the correct measure of damages when a negligent survey results in costly repairs for property buyers? Emily Betts discusses a ‘negligent surveyor’ case where the respondents were able to recover the full cost of repair because the appellant bank’s evidence at trial, on the diminution in more...
Boundary agreements - don't forget about them if you are involved in a boundary dispute!
1. It is notorious that boundary disputes often become very complex. The result can often turn on highly technical legal points, obscure plans, badly worded conveyances, detailed extrinsic evidence or appeals to equity (i.e. proprietary estoppel). 2. When considering the history of the land in more...
When should a public inquiry be held to consider town and village green applications under the Commons Act 2006?
How does a Registration Authority decide whether a non-statutory public inquiry should be held? When is it unfair to hold a public inquiry? 1. There are a number of case which have touched upon the issue of when a non-statutory public inquiry should be held. 2. First, in The Queen on the Application more...
18 Jul 2018 08:48
Trespassers and Human Rights - Where are we now?Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was more...
18 Jul 2018 08:07
Time for a sharp Brexit: Vendors and purchasers in uncertain timesAs Brexit negotiations begin, how will leaving the EU affect the UK property market? Will we see buyers attempting to escape from contracts they no longer want (or are able) to complete – as we did following the financial crash in 2008-9? If so, a reminder of the legal options available to sellers more...
17 Jul 2018 16:39
Some practical tips on the rules of evidence in the context of property litigation and the
pitfalls to avoid.“Anything you do say may be given in evidence” Some practical tips on the rules of evidence in the context of property litigation and the pitfalls to avoid. Philip Sissons, Barrister, Falcon Chambers Introduction 1. I have taken as my topic this morning, the rules of evidence in the context of more...
Children Act 2004 and property law rights.
Can the Children Act 2004 be used to prevent children being dispossessed of their home in circumstances where their parents no longer have any private law right to occupy the home in question? This was the question the Court of Appeal had to address in the case of Davies v Hertfordshire CC [2018] more...
23 May 2018 16:08
P&P Property Limited v Owen White & Catlin LLP
Dreamvar (UK) Limited v Mishcon de Reya
[2016] EWCA Civ. 1082P&P Property Limited v Owen White & Catlin LLP and Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ. 1082 were conjoined appeals that raised common issues about the liability of solicitors and estate agents in cases involving identity fraud. In both cases a fraudster (“F”) posed as the owner more...
20 Apr 2018 15:21
Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine WamstekerDesmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late more...
20 Apr 2018 15:18
Housing Law Bulletin: the Supreme Court and Litigants in PersonIn this bulletin, Matthew Feldman discusses the important recent Supreme Court case of Barton v. Wright Hassall LLP [2018] UKSC 12, a case that is of relevance well beyond the housing law field. Service of claim form by email, litigants in person and validation of service under CPR 6.15(2) Barton v more...
20 Apr 2018 15:15
Housing Law Bulletin: errors of law, burden and homelessness appealsIn this bulletin Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996 Avoiding exegetical sophistication: Rother District Council v Stephen Freeman-Roach [2018] EWCA Civ 368 The more...
Owning Property in Spain is Taxing
Owning a property in Spain is Taxing! It’s just a matter of time that UK expatriates in Spain receive a notification from the Spanish Inland Revenue (Hacienda); claiming unpaid taxes for the last four tax years (tax statute of limitation). By now, after having acquired your Spanish property, we are more...
15 Feb 2018 16:08
2018 Seminar SeriesA series of seminars on topical areas of property law aimed at practitioners of up to 5 years’ pqe. The seminars are given by members of Falcon Chambers, recognised as one of the leading sets of chambers in the field of property litigation. The seminars will be held in Falcon Chambers and will run more...
WHAT IS A MINERAL?
1. The origin of Mineral Rights 1.1 The starting point is that a freehold owner is entitled to all the mines and minerals under his land down to an unlimited depth except: · gold and silver; · petroleum; · coal. One consequence is that if a person sinks a shaft or a well or a pipe at any depth under more...
TO AIR B&B OR NOT TO AIR B&B?
At the date of writing there are over 300 properties in central London available on the Air B&B website. Letting someone borrow a flat for a weekend, or for a week over the summer, is surely of concern to no one? A little bit of extra income is always a nice thing to have, when times are tough. more...
Service please? A cautionary tale of s146 Notices and the right to forfeit.
Service please? A cautionary tale of s146 Notices and the right to forfeit. Toms v Ruberry (2017) EWHC 2970 (QB) Simon Lane has successfully represented the Respondent tenant on appeal in the High Court in a long running possession claim arising from forfeiture of the lease of a pub in Cornwall. The more...
PERSIMMON HOMES v OVE ARUP: ANOTHER RAID ON THE ARSENAL?
The current trend of appellate decisions is to leave commercial parties of equal bargaining power to their own contractual fate. Persimmon Homes Ltd v Ove Arup and Partners Ltd [2017] EWCA Civ 373, in which the Court of Appeal considered the meaning of an asbestos exclusion clause, reinforces that more...
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