The importance of inspection
The recent case of Trevallion v Watmore & Another (2016) reminds us why buyers must carry out a careful inspection of the boundaries of a property prior to purchase.
Read more"Out with the old, in with the new…JCT"
Following the introduction of the JCT Minor Works Contract 2016 over the summer, the JCT has now published the 2016 Edition of the JCT Design and Build Contract.
Read moreRun Forsters Run!!
On Thursday 25 August Megan Wade, Ed Glass and Anthony Goodmaker from Forsters' Commercial Real Estate team took part in the 8th JLL Property 5k in Regent's Park. On a scorching night, with temperatures just shy of the 30 degree mark, our runners joined over 1000 other property professionals on the course.
Read moreIs planning permission required to amalgamate two flats into a single dwellinghouse?
Planning law is not clear on whether you need permission to amalgamate two or more separate residential units (i.e. flats) into a single dwellinghouse. This is unlike the position for subdividing a single dwellinghouse into smaller, separate residential units for which it is clear that planning permission is required.
Read moreBuild me up (Buttercup): A Landlord can add another flat on top of an existing building, even where the leases appear to indicate otherwise
The recent case of Francia Properties Limited v Aristou & Others serves as, amongst other things, a timely reminder of the importance of a good understanding of the law when looking at lease clauses. In this case, the landlord of an eight flat building within a development wanted to put another flat on the roof.
Read moreMarlbray Limited v Laditi
The recent case of Marlbray Limited v Laditi raises interesting questions on the validity of contracts.
Read moreMind the gap
Recent delays at the Land Registry in processing applications have posed a tricky question for lenders financing the acquisition of registered real property: on enforcement of an unregistered legal mortgage against an unregistered proprietor, would a lender be able to exercise its power of sale in relation to the legal title?
Read moreThe case of Powell v Thomas - a salient lesson for cohabitees
The recent County Court case of Gareth Powell and Chloe Thomas once again highlights the importance of cohabiting couples formally documenting their financial arrangements in the event of a separation.
Read moreLease or licence and the liability for Nuisance
The recent Court of Appeal case of Cocking v Waring, which centres around a dog's tenacious barking, has highlighted a key difference between entering into a lease verses a licence to occupy.
Read moreWhat happens if Banksy paints a mural on your outside wall?
If you own the freehold of the property, and there is no lease to an occupier in place, then you are free to remove and sell it at will (unless Banksy drops his anonymity and claims the copyright).
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