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Property Law Journal: 19 November 2012

Christopher Cant considers a decision providing guidance on the construction of documents registered at HM Land Registry

The recent Court of Appeal decision in Cherry Tree Investments Ltd v Landmain Ltd [2012] concerns the construction of a defective charge. The case arose from a failure to complete panel 9 in Land Registry form CH1 and the attempt to make good the defect by construction rather than by a claim for rectification. What is of much wider significance is the view of the majority in the court as regards the correct approach to adopt on the construction of documents registered at HM Land Registry. This is a point that has not been previously considered in this country even though there have been opportunities. It is a point that has been considered by the courts in Australia, and reference to these cases had been included.

Dentons

Roy Pinnock reviews the likely implications of imminent changes in legislation on the registration of town and village greens

The system for registering new Town and Village Greens (TVGs) has become a tool for mischief and a weapon in the hands of those resisting development where objections through the planning system have failed. Imminent changes through the Growth and Infrastructure Bill are bold and will cut applications back down to a trickle, but before they come into effect even more care is needed in dealings with land that may still be a TVG.

Forsters LLP

Oliver Wright reports on the Bill as it currently stands

On 5 November, the Growth and Infrastructure Bill had its second reading in the House of Commons.

Sandra Pasotti discusses how the holiday home is likely to be dealt with on divorce

Many couples aspire to owning a holiday home in Europe and many, particularly in the last decade or two, invested in the French, Italian and Spanish property markets in fulfilment of this dream.

Boyes Turner

A recent case throws light on when parties to an agreement can be understood to have submitted to an adjudicator’s jurisdiction, as John Starr finds out

The parties to a construction contract have the right, under s108 of the Housing Grants, Construction and Regeneration Act 1996, to refer disputes arising under the contract to adjudication. That is known as a statutory right to adjudication. There are various exceptions in the Act, including in relation to certain types of works on certain sites. There is also a separate contractual right to adjudication, where the parties have agreed, either in the construction contract itself or on an ad hoc basis, to have their disputes resolved in that way. Therefore, even if a party’s statutory right to adjudicate is excluded by the Act, he can still proceed if the other party agrees.

Joann Bainton provides an overview of the Heseltine Review

On 31 October 2012, conservative peer Lord Heseltine published his much-awaited report entitled ‘No stone unturned in pursuit of growth’.