The Practical Lawyer

You are acting for the seller of a block of apartments and, in replies to enquiries, you say that you are unaware of any planning application in respect of the site. Subsequently, you receive notice of a planning application for the site to be developed into a medical centre. Are you obliged to tell the buyer's solicitors?

Two recent cases show the pitfalls for estate agents who do not get their documentation correct:

One of the main reasons that some conveyancers don't make particular searches is that, without input from the clients, they make assumptions that a particular search just is not necessary.

Can an exchange of e-mails create a binding contract under s2 Law of Property (Miscellaneous Provisions) Act 1989?

The general rule is that 'time' is not of the essence in a contract. For instance, in a typical conveyancing contract, time will not be of the essence until one party serves a completion notice on the other.

On the completion of the sale of a leasehold property, the buyer may well want there to be a retention (ie to keep back some of the purchase price to cover the seller's liability for the unascertained service charge for the current year.)

If the buyer is served with a notice to complete, then he must immediately make up the deposit to the full 10% (Standard Condition 6.8.3).

A lease can be forfeited in two ways: (i) by peaceably re-entering to retake possession, or (ii) by bringing court proceedings for possession. The steps to be taken at the LR will depend upon which method is used.

Interest due on late completion is calculated on the purchase price (only);

Responsibility for the upkeep of churches used to be divided between the rector (who was responsible for maintaining the chancel) and the parishioners (who maintained the western end). However, under the Enclosure Acts part of the enclosed land was usually appropriated to the rector in return for the abolition of church tithes; thus, that newly acquired land became property of the rector and therefore potentially liable for chancel repair liability. Since then, much of that land has passed into private ownership - but remains liable for chancel repair.