News
Leaseholders protected – the retrospective power of the Building Safety Act
The Court of Appeal (CoA) has handed down a pivotal judgement clarifying the retrospective application of the leaseholder protections afforded by the Building Safety Act (BSA) 2022, particularly concerning the recovery of service charges for historic building safety def…
Pay your council taxes or face repossession!
The High Court recently examined an application concerning the possession and sale of a jointly owned property. This scenario arose from a case where one of the owners had been declared bankrupt due to unpaid council tax debts.
The enduring power of old restrictive covenants
The High Court has recently provided significant clarity on the enduring enforceability of restrictive covenants, particularly those created when a covenantee holds only an equitable interest in the benefited land.
The courts might not be able to intervene if your property reverts to the Crown
In an unusual case highlighting the intricacies of English land law, the High Court was asked to rule on a vesting order.
What if your dream home was acquired via someone else’s crime?
The High Court heard a case highlighting the complex interplay between property law principles, contract law, and the powerful reach of Part 5 of the Proceeds of Crime Act (POCA) 2002 when acquired
Not every encroachment amounts to “substantial interference”
The High Court has refused permission to appeal in a dispiriting boundary and right-of-way dispute, emphasising that minor encroachments on an easement may not constitute a substantial interference
Can voidable mortgages arise due to undue influence?
The Supreme Court decision represents a significant recalibration of risk in non-commercial joint property finance.
Background:
Mrs. Catherine Waller-Edwards, who was financially independent and
Is your contract enforceable? The risks of unwritten terms
This High Court case serves as a powerful cautionary tale against opportunistic buying from vulnerable sellers and emphasises the absolute necessity of strict legal compliance and transparent conduct
Profiting from the shadows – the cost of light
The High Court recently cast a significant spotlight on the rights to light in urban developments, delivering a landmark judgement which clarifies how such claims are assessed and valued in the face of major construction projects. Facts: The claimants allege that the…