Wed11222017

Last updateTue, 24 Feb 2015 5pm

Katie Scuoler examines the current planning position on amalgamation of units

Historically whether planning permission was required for the amalgamation of units has been a grey area for planning lawyers. However, it was a question which was seldom asked. In recent years there has been a strong trend in the central London residential market for the creation of substantial residential properties through the reconversion of previously subdivided houses, the amalgamation of purpose-built flats or adjoining houses, and lateral amalgamation of units. As a consequence, there has been increased focus on decisions regarding amalgamation. This article traces the recent evolution of decision-making regarding amalgamation.

Julian Bass and Sarah Quy provide some practical solutions to flying freeholds

A flying freehold is a quirk of English land law. Here we discuss the practical problems it can lead to, and suggest some possible solutions and damage limitation measures.

In Dreamvar the purchaser’s solicitor was found liable for fraud by the ‘vendor’. Timothy Polli argues the logic of the decision

The case of Dreamvar (UK) Ltd v Mishcon de Reya [2016] arose out of a form of identity fraud which has become known as ‘property hijack’. Such a fraud involves a fraudster assuming the identity of the registered proprietor of a usually high-value property, which is unoccupied and unencumbered by mortgage. They purport to sell the property, receiving the purchase monies in exchange for a forged TR1. They then disappear with the money.

As a professional the offer of gratis services should be made with care. John Starr explains

About a year ago, I wrote about a case that had made it to the Technology and Construction Court on the question of whether a professional could owe a duty of care in the provision of services even where there was no contract in existence and no payment had been made.

Janine Shaw highlights current issues with planning urban extensions

Steps are being taken to address the housing crisis. On 2 January 2017 the government announced support for 14 new garden villages and three new garden towns. More may follow this year. Many emerging and adopted local plans are allocating substantial residential-led schemes, frequently as urban extensions.

Joanne Wicks QC weighs up the best approach to take when pre-contract enquiries are found wanting

Greenridge Luton One Ltd v Kempton Investments Ltd [2016] is a quietly interesting case. It does not trumpet out new legal principle or noisily trample accepted wisdom, but it nevertheless provides some useful lessons for practitioners, both transactional lawyers and litigators, and some warnings for buyers and sellers of property too.

Can a notice of intention to appoint an administrator be filed without any administrator being appointed? Joe Walker investigates the outcome for landlords

When a commercial tenant becomes insolvent, the landlord’s ability to exercise its usual enforcement options depends upon the type of insolvency procedure to which the tenant is subject and the stage that procedure has reached.

Caroline Green and David Harris discuss the effectiveness of non-reliance clauses and the liability of trustees when a contract is disputed

The case of First Tower Trustees Ltd v CDS (Superstores International) Ltd [2017] arose out of a misleading reply given to a pre-contract enquiry and, in reaching his conclusion, Mr Michael Brindle QC had to tackle a variety of issues of general interest in the conveyancing process. Among other things, he had to consider: