In these days of Home Information Packs, you might think that the details you get about a property for sale will be accurate in every particular. It may not be so, however, and if so, is the estate agent liable? A recent case clarifies the issue......

The Government has announced that a scheme which will make unsold new homes available for housing association tenants is to be accelerated. The plan is aimed at making it easier for first-time buyers to get onto the housing ladder. ...

Recent cases have shown the courts willing to back homeowners in their disputes with builders and insurers. In one case, the court had to deal with the common situation in which the cause of a fire was...

When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which,...

Home Information Packs (HIPs) are now required for most residential properties put on the market, but the list of...

A man whose home was destroyed by fire claimed under his insurance policy. The policy gave the insurer the right to reinstate the...

When an application is made to register land by adverse possession (the legal term for ‘squatters’ rights’), the onus is on the person claiming possession of the land to prove their right to claim the title to it. ...

Failure to make contractual terms clear is a sure recipe for trouble and in construction contracts, where the sums of money involved can be substantial, getting the contract terms agreed up front is always sensible. In a recent case, a...

The Home Information Pack team of the Department for Communities and Local Government has warned that some HIP providers are using what are called 'register views' of the...

The news that home repossessions are rising is not welcome in any quarter, but nor is it surprising. Many homeowners are facing difficulty making repayments on their mortgages and even more are facing a shock when their current fixed rate or discounted rate...

A recent Court of Appeal case dealt with the effect on a right of way when the leasehold land over which the right of way existed was merged into a freehold over which no right of way had been granted. The owner of the freehold was unsuccessful in...

A planning permission for a property extension in a conservation area which, according to the local inspector’s report, would ‘preserve’ but not ‘enhance’ the area could not be overturned. The Local Structure Plan...

The right of secure tenants to buy their properties under appropriate circumstances is well known, but less obvious is what occurs when a tenancy which would give the tenant the right to buy is broken and then reinstated. In a...

When a property boundary is wrongly registered, an application may be made to the Land Registry for the plan showing the registered title to be altered. Recently, a local council applied to have the register amended after it...

The High Court has ruled that planning permission for a property extension in a conservation area which, according to the local inspector’s report, would ‘preserve’ but not ‘enhance’ the area could not be overturned. ...

Local authorities deal with many cases of intentional homelessness each year. A recent case provides useful guidance on the approach of the courts when a claim of intentional homelessness is founded on everyday behaviour rather than a specific action of the...

The Government has announced that from 14 December 2007, ALL properties put on the market in England and Wales will require a Home Information Pack (HIP) and Energy Performance Certificate (EPC). Previously, only three bedroom and larger properties...

An unusual divorce case has recently been heard by the Court of Appeal. It involved a divorced couple who were arguing about what should happen to their former matrimonial home. The court had ordered that it should be sold, on the basis that once it had been...

Energy Performance Certificates (EPCs) and Home Condition Reports (HCRs) can now be accessed via the Internet. These are currently held on central registers which provide an independent means for potential buyers and sellers (and those acting on their...

It is usual for a family’s biggest asset to be the family home and, in many cases, the value of the house dwarfs the value of the rest of the assets. In such cases, when a marriage breaks up the financial arrangements often allow one spouse to remain...

Chancellor of the Exchequer Alistair Darling’s 286 page pre-budget report  presages a reduction in economic growth and increased taxation. Although the Chancellor predicts that the Government’s net borrowing will fall...

A recent House of Lords case has confirmed how critical it is to make sure that nothing is left to chance when purchasing a property. It confirmed the 2006 decision of the Court of Appeal that when a piece of land is landlocked (i.e. has no right of access...

The European Court of Human Rights has today handed down its judgment that the UK's law of adverse possession (which allows an unopposed squatter to claim legal title to the land they occupy after 12 years) is not a breach of the owner's human rights....

It is a well-established principle of English law that contracts involving land must be made in writing. However, that is not to say that just because an agreement relating to land is not made in writing, it is unenforceable. One...

In many commercial situations, businesses are used to dealing with each other by the use of ‘standard form’ contracts. One of the common instances of the use of such contracts is in the building industry, where construction projects are often...