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Latest news and views from Stephen Carew
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HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch)
The owner of land with the benefit of a right of light against other land is entitled to an injunction against someone committing a wrongful act which...
Rescission of Conditional Contract – McGahon v Crest Nicholson Regeneration Limited
Facts
A buyer was contracted to purchase an underlease of a flat off-plan from a developer. The contract was conditional upon the grant to the developer of a headlease by the longstop date of 1 June...
Leasehold Enfranchisement – Day v Hosebay Limited
The Leasehold Reform Act 1967 (“LRA”) allows tenants of certain long leases of houses the right to acquire the freehold or be granted a lease extension. The LRA defines a house as “any building designed...
Joint Ownership and Avoiding Costly Mistakes
The case of Leonard Kernott v Patricia Jones (2010) EWCA Civ 578 is another timely reminder that those purchasing property jointly should give consideration as to how the property should be held prior...
Option Agreements: Valuation Dates
A developer and its advisers should be aware of Redlawn Land Ltd v Cowley [2010] EWHC 766 (Ch) when taking an option over land. The case revolved around the date for determining the option price where...
Developers: Beware Open Spaces (2)
Case law in relation to open spaces seems to be like buses. No sooner have we had the decision in Lewis, R (on the application of) v Redcar and Cleveland Borough Council & others (2010), developers...
Developers: Beware Open Spaces
Developers developing open spaces should be wary of a recent decision of the Supreme Court in Lewis, R (on the application of) v Redcar and Cleveland Borough Council & others (2010). The decision...