Publications: Recent Property Cases

 

Northumbrian Water Limited v Sir Robert McAlpine Limited

The Message Developer escapes liability for failing to undertake obscure search. The Case Northumbrian Water Limited v Sir Robert McAlpine Limited [20 May 2014] raises important questions on the extent of investigations and due diligence required before a developer starts work on site. Northumbrian is a statutory sewerage undertaker and its public sewer ran under […]

20th May 2014 Recent Property Cases Read more

Marks & Spencer PLC v BNP Paribas

The Message It is difficult to imply a term into a lease and parties need to spell out the position clearly regarding re-imbursement payments for rent, service charge, sinking fund, and insurance when a Lease can be ended early. The Case The Court of Appeal has decided that quarterly rent payable in advance is not […]

14th May 2014 Recent Property Cases Read more

Friends Life Management Services Limited v A&A Express Building Limited

The Message Pay close attention to lease requirements when calculating service charge and crediting provisional sums. The Case Friends Life Management Services Limited v A&A Express Building Limited [9 May 2014] provides a useful illustration of the treatment of service charge payments made in advance by the tenant and whether they can relate to a […]

9th May 2014 Recent Property Cases Read more

Lie v Mohile

The Message Ensure the right parties make the statutory application for a new business tenancy. The Case Lie v Mohile [9 May 2014] concerned whether one of two existing partners and tenants of business premises under a lease was entitled to apply for a new tenancy under Part 2 of the Landlord and Tenant Act […]

9th May 2014 Recent Property Cases Read more

Windermere Marina Village Ltd v Wild – respect the courts

The Message Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void. The Case Windermere Marina Village Ltd v Wild [28 April 2014] concerned a lease of a flat in a development. The relevant service charge provision required the tenant to pay a fair proportion of the landlord’s expenses […]

28th Apr 2014 Recent Property Cases Read more

E. Surv Limited v Goldsmith Williams Solicitors

The Message Failure to highlight a property price discrepancy may cost solicitors dearly. The Case E. Surv Limited v Goldsmith Williams Solicitors [10 April 2014] concerned whether solicitors were required to indemnify surveyors to reflect the former’s contribution to a loss suffered by a mutual lender client following the surveyors’ negligent over-valuation. The case is […]

10th Apr 2014 Recent Property Cases Read more

Horne & Meredith Properties v Cox & Billingsley

The Message Being excessively litigious could prevent a tenant being granted a statutory renewal lease. The Case Horne & Meredith Properties v Cox and Billingsley [19 March 2014] concerned the renewal of a business tenancy under the Landlord and Tenant Act 1954 and the landlord’s opposition to its renewal under a rarely encountered ground contained […]

19th Mar 2014 Recent Property Cases Read more

H.Waites Limited v Hambledon Court Limited & Others

The Message Tenants may have greater rights than they think. The Case Tenants sought to thwart a redevelopment above their garages by claiming they owned the relevant air space. Hambeldon Court in Ealing in West London was built in the 1960s. The development comprised 12 flats with 12 garages in 2 separate blocks at the […]

11th Mar 2014 Recent Property Cases Read more

Emmett v Sisson

Respecting Rights Convenience and not necessity is the test as to whether interference with a right is actionable. The Case: Emmett v Sisson [3 February 2014] concerned proceedings brought to prevent the alleged interference with a right of way that would be caused by the construction of a wall. Of interest was the analysis of […]

2nd Mar 2014 Recent Property Cases Read more

Coventry & Others v Lawrence & Shields

Supreme Court reviews and changes law as to private nuisance and appropriate remedies. The Message The law as to interference with neighbouring land has changed. The Case The Supreme Court has reviewed the law as to private nuisance and whether an Injunction should be the appropriate remedy In 2006, Ms Shields and Mr Lawrence, the […]

26th Feb 2014 Recent Property Cases Read more