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While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
It is often said that there is a thin line between madness and genius. That was demonstrated neatly by the tenant in the recent case of Hough v Greathall.
The Court of Appeal has clarified how a party’s beneficial interest in a property in which she had lived with her partner should be assessed, and whether or not her interest took priority over the mortgagee’s.
Involuntary bailment — the duty of care owed by the mortgagee on execution of a possession warrant download
What do you do when you take possession of a house and the former occupier has left various items of theirs behind?
Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt download
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
Should I stay or should I go? The position of a joint tenant whose partner has served a notice to quit download
Karl Anders looks at the latest in a line of cases where the highest national and European courts have considered the impact of human rights legislation on domestic possession proceedings.
When considered practically, the logical approach would be that a property is worth however much people are prepared to pay for it.
The issue was who should bear the cost of rates liabilities where a lease has been disclaimed and the landlord has not re-entered the property.
A legal charge may be invalid if it is not properly executed but a lender can still rely on it as equitable security download
In the recent case of Bank of Scotland v Waugh the High Court considered the execution of a legal charge and the impact of signatures on the document not having been witnessed.
While there is no clear statutory definition of a highway, at common law a highway is a route along which people can pass and re-pass at all times as frequently as they wish.
In Greenwich LBC v Tuitt Mrs Tuitt was a secure tenant of the local authority.
In Rentokil Initial 1927 PLC v Goodman Derrick LLP, the claimant’s refusal to waive privilege was criticised by the court.
It was hoped that the enactment of the Landlord and Tenant Act 1988 would bring to an end the uncertainty that plagued applications by tenants to assign or sublet their premises.
A conservation covenant is an agreement between a landowner and a responsible body, whereby the landowner promises to carry out or refrain from carrying out activities on their land.
Invasive non-native species are plants and animals introduced into a natural environment where they are not usually found with serious adverse consequences for the environment.
The High Court has determined preliminary issues in a professional negligence claim against a firm of conveyancing solicitors brought by a mortgage lender.
An application for registration of the name CANARY WHARF by Canary Wharf Group as a trademark has been refused.
The Supreme Court has denied lenders a claim for equitable compensation for a solicitors’ breach of trust that exceeds that of the actual loss caused.
This is a cautionary tale for lenders to take care that their rights under an ‘all monies’ clause are not lost when enforcement action is taken against individual security in separate actions.
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.