Solicitor sanctioned for role in fraudulent transfer of Islamic centre – Legal Futures

Posted April 15th, 2019 in disciplinary procedures, fines, fraud, news, sale of land, solicitors by michael

‘A solicitor who recklessly facilitated a “dubious transaction” involving an Islamic community centre has been fined £20,000 and given a suspended suspension.’

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Legal Futures, 15th April 2019

Source: www.legalfutures.co.uk

High court victory for group seeking to build ‘black Canary Wharf’ – The Guardian

Posted March 22nd, 2019 in covenants, minorities, news, planning, sale of land by tracey

‘One of the UK’s largest black communities is celebrating a victory in the high court over a contested piece of land it wants to transform into a “black Canary Wharf”.’

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The Guardian, 21st March 2019

Source: www.theguardian.com

Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by tracey

‘Couple unable to sell home after discovering public footpath running though living room.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted February 14th, 2019 in agency, contracts, estate agents, interpretation, news, sale of land, Supreme Court by sally

‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

The merits of and case for Land Value Taxation – OUP Blog

Posted December 18th, 2018 in news, sale of land, taxation, valuation by sally

‘The UK, especially London, has long experienced the kind of property boom that makes prices unaffordable. A recent Confederation of British Industry survey reported that this unaffordability is of great concern to employers. But these booms also mean that the owners of that land are accruing unearned gains which are not being efficiently or equitably taxed. The cost of building or repairing a house is almost the same whether it is in Knightsbridge or Knowsley – it is the land that makes the difference. The value of land comes from the uses to which it is put. The granting of planning permission, for example, increases the value of land, as does the addition of utilities.’

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OUP Blog, 18th December 2018

Source: blog.oup.com

Judge rejects challenge to decision by council to sell cattle market site – Local Government Lawyer

Posted October 22nd, 2018 in judicial review, local government, news, sale of land by sally

‘A judge has refused to grant a campaign group permission to bring a judicial review challenge over a district council’s decision to sell a cattle market to a supermarket chain.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Land Registry aims for first digital property transfer – Legal Futures

Posted October 18th, 2018 in electronic filing, land registration, news, sale of land by sally

‘The Land Registry has set itself the target of completing the first fully digital transfer of a property in the coming year to prove the value of smart contracts.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Bennett v Bennett & Others [2018] EWHC 1931 (Ch) – Tanfield Chambers

Posted August 6th, 2018 in contracts, estoppel, news, sale of land, trusts by sally

‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’

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Tanfield Chambers, 6th August 2018

Source: www.tanfieldchambers.co.uk

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Supreme Court restores avoidance finding in Project Blue SDLT case – OUT-LAW.com

Posted June 15th, 2018 in news, sale of land, stamp duty, Supreme Court, tax avoidance by tracey

‘A stamp duty land tax (SDLT) claim by HM Revenue and Customs (HMRC) in connection with the purchase of the former Chelsea Barracks in London, worth a potential £50 million, has been restored by the UK Supreme Court.’

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OUT-LAW.com, 14th June 2018

Source: www.out-law.com

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

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Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Appeal rules against seller’s solicitors in crucial Dreamvar liability case – Law Society’s Gazette

Posted May 16th, 2018 in compensation, conveyancing, fraud, news, sale of land, solicitors by tracey

‘Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision.’

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Law Society's Gazette, 15th May 2018

Source: www.lawgazette.co.uk

Businessman illegally raised value of home by chopping down protected trees – Daily Telegraph

Posted May 2nd, 2018 in environmental protection, news, proceeds of crime, sale of land, trees by tracey

‘A wealthy businessman illegally cut down 11 protected trees on his land to give himself a bigger back garden, a court has heard.’

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Daily Telegraph, 2nd May 2018

Source: www.telegraph.co.uk

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Home-ownership call for evidence – help make commonhold more common – Law Commission

Posted February 23rd, 2018 in consultations, Law Commission, leases, press releases, sale of land by tracey

‘The Law Commission is asking flat owners, housebuilders, mortgage lenders and lawyers to help shape a law which could help people own their flats outright. The independent legal body wants views on a little-known and little used home ownership status called commonhold, which provides an alternative to residential leasehold.’

Full press release

Law Commission, 22nd February 2018

Source: www.lawcom.gov.uk/

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

Government floats referral fee ban and acting for both sides in bid to improve home-buying process – Legal Futures

Posted October 23rd, 2017 in consultations, conveyancing, estate agents, fees, news, sale of land, solicitors by sally

‘A ban on estate agents charging solicitors referral fees along with loosening the restriction on conveyancers acting for both seller and buyer were suggested by the government yesterday as possible reforms to improve the home-buying process.’

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Legal Futures, 23rd October 2017

Source: www.legalfutures.co.uk

Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk