Category: sale of land

The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

Full story

Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk

Supreme Court: ‘sale and rent back’ firm could not grant tenants proprietary rights over properties before sale completed – OUT-LAW.com

Posted October 24th, 2014 in leases, mortgages, news, repossession, sale of land by sally

‘A firm that purchased properties in the north east of England on the condition that the previous owners would be entitled to remain in their homes indefinitely was not in a position to make such a promise, the UK’s highest court has ruled.’

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OUT-LAW.com, 23rd October 2014

Source: www.out-law.com

VAT on property transfers and hierarchy clauses: CLP Holding Company – Hardwicke Chambers

Posted October 15th, 2014 in contracts, news, sale of land, VAT by sally

‘Over the summer, the Court of Appeal handed down judgment in the case of CLP Holding Company Ltd v Singh (1) & Kaur (2) [2014] EWCA Civ 1103. The case throws up some useful warnings and reminders about VAT on property transfers, the proper construction of contracts and hierarchy clauses.’

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Hardwicke Chambers, 8th October 2014

Source: www.hardwicke.co.uk

High Court imposes civil restraint order on former solicitor – Legal Futures

Posted March 11th, 2014 in news, restraint orders, sale of land, solicitors by tracey

‘The High Court has slapped an extended civil restraint order on a former solicitor whose conduct in bringing a series of claims established a “history” of indifference to court orders.’

Full story

Legal Futures, 11th March 2014

Source: www.legalfutures.co.uk

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by tracey

Nugent v Nugent: [2013] EWHC 4095 (Ch);   [2013] WLR (D)  516

‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by tracey

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D)  433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

Power of sale – can the mortgagee be forced to wait? – New Square Chambers

Posted November 5th, 2013 in Crown, jurisdiction, mortgages, news, sale of land, Turks and Caicos Islands by sally

“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Allotment holders win victory over Eric Pickles’ building plan – The Independent

Posted August 5th, 2013 in judicial review, local government, news, sale of land by sally

“A group of allotment-holders is celebrating victory over Eric Pickles in a long-running battle over the development of a site that has been used for more than a century.”

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The Independent, 2nd August 2013

Source: www.independent.co.uk

DV3 RS Ltd Partnership v Revenue and Customs Comrs – WLR Daily

Posted July 31st, 2013 in law reports, leases, partnerships, sale of land, stamp duty, tax avoidance by sally

DV3 RS Ltd Partnership v Revenue and Customs Comrs [2013] EWCA Civ 907; [2013] WLR (D) 311

“Where a vendor contracted to sell a chargeable interest to a company and the company made a sub-sale to a partnership (of which the company was a member), both contracts being completed at the same time with sequential transfers, the partnership, as taxpayer, acquired a chargeable interest liable to stamp duty land tax.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Court of Appeal overturns tax tribunals’ findings in favour of SDLT avoidance scheme – OUT-LAW.com

Posted July 31st, 2013 in appeals, leases, news, partnerships, sale of land, stamp duty, tax avoidance, tribunals by sally

“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”

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OUT-LAW.com, 30th July 2013

Source: www.out-law.com

Allotment-holders take legal action against Eric Pickles – The Independent

Posted July 22nd, 2013 in judicial review, local government, news, sale of land by sally

“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”

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The Independent, 21st July 2013

Source: www.independent.co.uk

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by tracey

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

Posted June 28th, 2013 in appeals, charities, HM Revenue & Customs, law reports, sale of land, stamp duty, taxation by tracey

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753;   [2013] WLR (D)  255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

Cosmichome Ltd v Southampton City Council – WLR Daily

Posted June 3rd, 2013 in law reports, local government, perpetuities, restrictive covenants, sale of land by sally

Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch); [2013] WLR (D) 207

“Section 9(2) of the Perpetuities and Accumulations Act 1964 had no application to a right of pre-emption, so long as it had not matured into an option.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted January 28th, 2013 in law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27

Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Two sentenced in first ever ‘land banking’ fraud trial – Crown Prosecution Service

Posted December 6th, 2012 in fraud, news, sale of land, sentencing by sally

“Two sentenced in first ever ‘land banking’ fraud trial Two men have today been sentenced at Isleworth Crown Court in what is thought to be the first ever trial for ‘land banking’ fraud. Omar Eshpari and Stefan Mitchell secured at least £3m from their victims between April 2008 and October 2009.”

Full story

Crown Prosecution Service, 6th December 2012

Source: http://blog.cps.gov.uk