All articles by Warren Gordon – Page 2
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ProfessionalNeighbours hit brick wall as court rules on access to private driveway
The message: Convenience, not necessity, is the test of whether interference with a right is actionable.
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ProfessionalClaiming a freehold house is just a matter of time
The message: Being a tenant for at least two years is a prerequisite to exercise the statutory right to buy a freehold house.
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ProfessionalExclusion clause tension over farmhouse extension
The message: Ensure important representations are confirmed in writing.
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Professional‘T’ for two does not allow
The message: “T” marks on a plan are not necessarily indicative of boundary ownership.
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ProfessionalQuest for aggravated damages leaves Eaton in mess
The message: damages for trespass reflect the acts of trespass that actually occurred.
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ProfessionalExtreme weather teaches tough lesson in tree surgery
The message: Tree owners should be aware of potential liability for root damage to nearby properties.
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ProfessionalBinding covenant is bad news for Goodman
The message: A positive covenant may burden successors
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ProfessionalPros are a plus for avoiding mistakes in leases
The message Seek professional advice when documenting leases.
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ProfessionalIncomplete guarantee as good as no guarantee
The message: Failure of a multiple guarantor to validly sign may invalidate all the guarantees.
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ProfessionalNeighbours’ hard knocks for school plans
The message Restrictive covenants only catch activities on the affected land.
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ProfessionalMonth’s delay no reason to walk away from new 125-year lease
The message A minimal delay in completing a building did not repudiate a contract
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ProfessionalOffset deposit leaves landlord exposed
Ensure tenant’s deposits for assured shorthold tenancies are protected in accordance with statutory requirements
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ProfessionalNot much obliged: repair obligation needs to be explicit
The message: courts reluctant to imply repair obligation on a landlord of commercial premises.
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ProfessionalDelay in getting from A to B is no reason to terminate contract
The message A breach has to be fundamental to permit ending a contract.
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ProfessionalBrazen tenants attempt freehold grab — after breaching covenant
The message A party cannot enforce a right acquired by committing a wrong
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ProfessionalOld tries something new with an advance payment
The message An advance rental payment did not require protection as a deposit under statute.
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ProfessionalChelsea factor: Land Registry error causes fight over parking space
The message: existing registered land owners cannot also acquire title to their land based on adverse possession.
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ProfessionalLandlord tames Tiger with £1.3m dilapidations win
The message: Detail, rather than legal principles determines a dilapidations claim.
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ProfessionalSell another day: failed buyer liable for damages after contract breach
The message: Damages for breach of a property sale contract may take account of post-breach events.
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ProfessionalA title restored after a fraud when abroad
The message: Registered titles can be altered to restore title to victims of fraudulent transfers
