News and Articles

A precise measurement of land in a conveyance may be overridden by other factors.

Where there is a tenancy to which part II of the Landlord and Tenant Act 1954 and the procedural requirements of sections 25 or 26 of that Act have been fulfilled, the statute imposes an obligation on the Court to grant a new tenancy save in very limited circumstances.

1. The definition of “house” in s.2(1) of the Leasehold Reform Act 1967 has given rise to considerable difficulties in the 45 years since it was enacted. This year, there have been two further appellate decisions on the definition – Hosebay v Day [2012] 1 WLR 2884 in the Supreme Court (where Lord Carnwath gave the only judgment) and Magnohard Ltd v Cadogan [2012] L. & T.R. 32 in the Court of Appeal (where both Lewison LJ and Lord Neuberger gave judgments). Where do those decisions leave the law?

A lawful user of an easement cannot be punished for other users’ unlawful use.

Legal principles can take precedence over fairness.

Agreements to purchase land must be in writing.

Failure to make timely payment of a deposit normally allows the seller to end the contract.

Tenant Break Clauses continue not to run smoothly.

Oral contracts in relation to land are not worth the paper they are written on!

Free advice can prove very costly.