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Good News for Property Developers?

I have seen a recent case called Lamble V Buttaci in 2018. The applicants, who can be considered as property developers for want of a better description, wanted to build three new structures on their property - a house, a garage and a large summer house. The neighbours objected to this because of the effect [...]

The Way to Reduce Property Fighting is to Put it in Writing

I am often taken aback by the amount of instructions I receive from owners of property who have current problems where they own a property jointly with either a family member or cohabitee. Circumstances have changed over the years and they have often fallen out with the cohabitee or family member and, for example, when [...]

An Old Case involving a Will that Stands the Test of Time

In a recent case of James v James and others, High Court Judge HHJ Paul Mathews was concerned with issues of testamentary (ability to understand a will) capacity where a Will was being challenged and the test for capacity was defined in the Mental Capacity Act 2005. In general where a Testator (a person who [...]

Property Fraud does NOT Pay

The August holidays are now over and slowly the courts are getting busier with interesting cases for the new season, including those involving property fraud. We are always interested in reporting new and interesting cases. One property fraud case that caught my attention was a case called Farakh Rashid (F) v Mohamemd Rashid (M) which [...]

Shareholder Agreement – a Necessity

The importance of having a well-prepared shareholder agreement can’t be overstated. In practice, I have come across many situations where my client and another investor have set up a business only to find that after some months one of the investor ceases to participate and then the non-interested investor seeks to claim a return on [...]

Where is my Legal Boundary in relation to Property?

Where is the Legal Boundary? There is often a misunderstanding in homeowners’ minds as to where the legal boundary is between themselves and their neighbour. Many homeowners consider that their deeds or deeds’ plans can determine where the boundary line is or failing that the Land Registry title plan. The position is not as clear [...]

Litigate or engage in Mediation Services?

Although your first thought is litigation, why should you consider one of the many types of mediation services that are available? In the case of Laporte v Commissioner of Police (2015 ) EWHC 371, the Claimant lost in a claim against the Defendant but nevertheless claimed that the Defendant should not be awarded costs because [...]

The Legal Impact of Brexit on the Buy to Let market.

What impact will Brexit have on the property market and buy to let market? The government is slowly working out how to react to the Brexit vote. There has already been a significant impact to the commercial property market due to the volatile financial and economic conditions triggered by the decision to leave the EU. [...]

Hallmark Judgement for Buy to Let Landlords

In June 2016, The Court of Appeal in a group action by buy to let landlords, headed by Mark Alexander (Borrowers) against West Bromwich Mortgage Company (Lender) held that the group are entitled to a refund of mortgage overpayments. The dispute arose as a result of an inconsistency between the mortgage offer granted by the [...]

Six reasons to instruct a local Solicitor

1.  Established. A well-established local solicitor will have lots of repeat business and recommendations that can be found on their website. 2.  Experience The Principal of the practice must have many years of experience and have dealt with cases, both contentious, as well as non-contentious. This is important as for example, if during a property [...]

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