Baronet’s son awarded £5.60 in £2.5m family castle sale row – Daily Telegraph

Posted November 22nd, 2012 in families, news, peerages & dignities, sale of land, trusts, wills by tracey

“The son of a baronet embroiled in a bitter legal dispute with his father over the sale of the family’s £2 million estate was yesterday awarded just £5.60 a year by the High Court.”

Full story

Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

 

When is a Land Contract not a Land Contract? s2 LPMPA 1989 in Practice – Hardwicke Chambers

Posted October 9th, 2012 in contracts, news, sale of land by sally

“It is a more or less universal rule that all reforms which are intended to simplify the law have unintended consequences. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 came into force on 27th September 1989 – 23 years later, lawyers are still arguing about what contracts it does and does not affect, most recently in Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900.”

Full story

Hardwicke Chambers, 2nd October 2012

Source: www.hardwicke.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Cameron v Boggiano and another – WLR Daily

Posted February 23rd, 2012 in appeals, conveyancing, law reports, sale of land by sally

Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39

“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Lloyds TSB Bank plc v Markandan & Uddin (a firm) – WLR Daily

Posted February 13th, 2012 in law reports, sale of land, sham transactions, solicitors, trusts by sally

Lloyds TSB Bank plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65a; [2012] WLR (D) 29

“The completion of sale of land and mortgage did not become effective until all executed title documents including mortgage loan agreement and deed in the name of the purchasers or an effective undertaking from the purchaser’s real solicitor or agent to exchange the documents were received by the vendor or his agent. Therefore, a solicitor who had parted with the money entrusted to him by the lender to a purchaser’s fictitious solicitor in exchange for a purported undertaking from the bogus solicitor to exchange and forward those documents committed a breach of trust.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Sharma and another v Simposh Ltd – WLR Daily

Posted November 28th, 2011 in deposits, law reports, repayment, sale of land by sally

Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341

“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011

Source: www.lawreports.co.uk

Swift 1st Ltd v Colin and others – WLR Daily

Posted July 29th, 2011 in land registration, law reports, mortgages, sale of land by tracey

Swift 1st Ltd v Colin and others [2011] WLR (D)  262

“The holder of a charge over a property had full power of sale under the Law of Property Act 1925 irrespective of the fact that the charge had not been substantially registered. All that was required to exercise that power was for the mortgage to have been executed by deed.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

‘Toad Hall’ house Fawley Court at centre of legal fight – BBC News

Posted July 12th, 2011 in housing, news, sale of land by tracey

“The house that inspired Toad Hall in the book The Wind In The Willows is at the centre of a £5m High Court dispute.”

Full story

BBC News, 11th July 2011

Source: www.bbc.co.uk

Solicitor struck off over ‘land banking’ scheme – Law Society’s Gazette

“A solicitor involved in a ‘land banking’ scheme which cost investors their life savings was struck off by the Solicitors Disciplinary Tribunal last week.”

Full story

Law Society’s Gazette. 10th March 2011

Source: www.lawgazette.co.uk

Solicitors warned on offering hard-to-shift homes in prize draws – The Times

Posted November 17th, 2008 in gambling, news, sale of land, solicitors by sally

“Solicitors across the country have received a formal warning about the dangers of getting involved in prize draws to shift unsold houses and flats during the economic downturn.”

Full story

The Times, 15th November 2008

Source: www.timesonline.co.uk

Horsham Properties Group Ltd v Clark and Another – Times Law Reports

Posted October 29th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and Another

Chancery Division

“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”

The Times, 29th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) – WLR Daily

Posted October 9th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307

“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

House raffle is probably illegal, says gambling law expert – OUT-LAW.com

Posted August 28th, 2008 in gambling, news, sale of land by sally

“The Gambling Commission should investigate the couple selling their £1 million house through a £25-a-ticket lottery, a gambling law expert has said. The Commission refused to comment on the case.”

Full story

OUT-LAW.com, 27th August 2008

Source: www.out-law.com

High court shuts landbanking firm – The Guardian

“An illegal landbanking scheme which sold plots of land to investors with the promise of big profits has had its assets frozen following action by the City watchdog.”

Full story

The Guardian, 4th June 2008

Source: www.guardian.co.uk

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Nelson v Greening and Sykes (Builders) Ltd – Times Law Report

Posted January 22nd, 2008 in costs, law reports, sale of land, trusts by sally

Nelson v Greening and Sykes (Builders) Ltd

Court of Appeal

“Although the practical effect of a beneficial owner of property making a declaration of trust in favour of a third party would be to get rid of the trust of an equitable interest then subsisting, as a matter of law, the beneficial owner would not drop out of the picture but would hold the beneficial interest on trust for the third party.”

The Times, 22nd January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.