Publications: December 2011

 

Maioriello & Others v Ashdale Land & Property Company Limited

The Message A lawful user of an easement cannot be punished for other users’ unlawful use. The Case Maioriello & Others v Ashdale Land & Property Company Limited considered the unusual issue of whether a landowner, subject to a right of way, could block a benefiting party’s lawful exercise of the right, if that was […]

21st Dec 2011 Recent Property Cases Read more

Padden v Bevan Ashford

The Message Free advice can prove very costly. The Case The Court of Appeal has decided that solicitors can owe extensive duties to clients even where quick advice is given at no charge In March 2003, Mrs Padden was suddenly informed by her husband, a financial consultant, that their joint bank account had been frozen […]

21st Dec 2011 Recent Property Cases Read more

Avocet Industrial Estates LLP v Merol Limited

The Message Legal principles can take precedence over fairness. The Case Yet another landlord successfully defeats a tenant’s break clause on a technicality. The right to break a lease early is a very valuable right for a tenant but its exercise often has to involve overcoming substantial hurdles, some of which the tenant may not […]

19th Dec 2011 Recent Property Cases Read more

P Francis v F Berndes Limited

The Message Agreements to purchase land must be in writing. The Case P Francis v F Berndes Limited concerns whether a document complied with required statutory formalities to constitute a legally effective contract to sell land. It is a reminder that failure to comply may invalidate the contract. Mr Francis claimed that, in December 2003, […]

15th Dec 2011 Recent Property Cases Read more

Samarenko v Dawn Hill House Limited

The Message Failure to make timely payment of a deposit normally allows the seller to end the contract. The Case Samarenko v Dawn Hill House Limited considered issues of importance to the property industry concerning the payment of a deposit by the buyer under a contract to sell land. Such a contract almost always requires […]

1st Dec 2011 Recent Property Cases Read more