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Private eyes

Peter Farrington, vice president of the Association of British Investigators, explains how private investigators can be a valuable asset for a solicitor dealing with possession proceedings, and gives...

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Clash of neighbours

 Peter Reekie comments on what began as a neighbour dispute over a gas meter - Dickinson v Casillas [2017] EWCA Civ 1254.  

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What's my share?

Peter Reekie comments on the beneficial interest discussion in Insol Funding Company Ltd v Cowlam [2017] EWHC 1822 (Ch).

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Drafting overage provisions: consider all eventualities

Peter Reekie comments on Sparks v Biden [2017] EWHC 1994 (Ch), in which the High Court intervened to settle a dispute between a land seller and buyer. 

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Serving section 146 notices: get the timing right

Landlords must comply with contractual pre-conditions before serving notice on a tenant.  

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Leasehold: a feudal system?

Sarah Dwight discusses the feudal origins of freehold and leasehold ownership and what the future of it may entail. 

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Granting the ungrantable: fencing easements after Churston Golf Club v Haddock

A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.

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Who pays for a property fraud? Determining liability post P&P and Dreamvar

Jennifer Meech outlines the facts of the recent high profile Dreamvar and P&P appeals

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In need of a break

Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.

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Clawback in property transactions: what could go possibly wrong?

John de Waal QC offers a sneak peek into Hardwicke chambers’ new book on risk and negligence, by revealing tips on how to avoid risk in property transactions relating to overage.

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Wild west partnerships: who owns what?

Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.

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In need of a break: constructing break clause pre-conditions

Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.

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Take it easy: what qualifies as an easement?

 Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.

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Restrictive covenants: breach now – apply later?

Jennifer Meech comments on an appeal case where the developer waited until after construction was finished to apply for a restrictive covenant to be discharged.

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Brexit: a continuing cause of frustration?

Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.

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Line of duty: do landlords have a duty to inspect for property defects?

Jennifer Meech comments on a case that may impact how landlords carry out routine property inspections (Rogerson v Bolsover District Council [2019] EWCA Civ 226).

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The revised Code for Completion by Post – what's changed?

Carl Brewin provides a personal perspective on some of the key changes in the revised code, and what they mean for both buyers’ and sellers’ solicitors

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Restrictive covenants: breach now – apply later?

Jennifer Meech comments on an appeal case where the developer waited until after construction was finished to apply for a restrictive covenant to be discharged.

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Brexit: a continuing cause of frustration?

Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.

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Line of duty: do landlords have a duty to inspect for property defects?

Jennifer Meech comments on a case that may impact how landlords carry out routine property inspections (Rogerson v Bolsover District Council [2019] EWCA Civ 226).

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