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Property Law Journal: March 2014

Sinéad Esler and Richard Bartle consider clauses that exclude a vendor’s liability for misrepresentation in sale contracts

It is common to see clauses in contracts for the sale of land that exclude or restrict the vendor’s liability for misrepresentation. Such a clause is only enforceable insofar as it deemed to be a fair and reasonable one to include in the contract, having regard to the circumstances that were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

Forsters LLP

Julia Mirza-Begum provides an overview of the main aspects of shari’ah-compliant commercial property transactions

With commercial real estate continuing to provide a popular asset class for Islamic investors, commercial property practitioners are becoming increasingly familiar with the interplay between the English legal system and shari’ah law.

Eversheds

Modern day expert determinations are neither simpler nor quicker than any other form of dispute resolution, argue Lisa Jamieson and Will Densham

Expert determination as a form of alternative dispute resolution has grown in popularity in recent years, especially in relation to real estate disputes. Its popularity stems from the fact that it was thought to be a relatively simple and quick method of resolving disputes, often with no witness evidence or oral hearings.

Matthew Stimson examines the permitted development rights for office to residential conversions and some of the issues and unintended consequences to which they give rise

On 30 May 2013, an amendment was made to the Town and Country Planning (General Permitted Development) Order 1995 (GPDO), which made it possible to convert offices to residential use without having to apply for planning permission.

David Shakesby reviews a Supreme Court ruling providing welcome clarification for landowners and developers on rectification of the registers

On 5 February 2014, the Supreme Court handed down judgment in two appeals from decisions of the Court of Appeal in the cases of Adamson v Paddico (267) Ltd [2012] and Taylor v Betterment Properties (Weymouth) Ltd [2012].

DWF

Lynn James analyses the consultation and dispensation provisions in s20 and s20ZA in the context of some recent cases, and assesses what this means for landlords and managing agents

The number of residential service charge dispute cases being issued in the Property Chamber of the First-tier Tribunal and the court are increasing year on year. Among these cases are a significant number which relate to consultation under s20 of the Landlord and Tenant Act 1985 and dispensation of the consultation requirements pursuant to s20ZA of the 1985 Act.

John Starr

John Starr discusses the various outside influences that make up a construction contract

A building contract, like any other contract, is, to an extent, whatever the parties to it want it to be. It is a ‘whole’ contract in the sense that the contractor has an obligation to complete the works in accordance with the terms of the contract, but that is not to say that it is complete. There are many outside influences that shape and direct the terms of the contract and affect the parties’ agreement. Indeed, a building contract is not even complete and self-contained in accordance with its own express terms.