Property cases

The Court will strive to make a contract for the sale of land enforceable.

Disputes as to the extent of the use of a right of way are commonplace between neighbours due to unclear drafting.

A landlord may struggle to successfully object to his tenant’s statutory lease renewal based on his intention to occupy where he is likely to sell the premises.

Developers have to respect tenant’s rights and possessions.

Covenants restricting a nuisance or annoyance may prevent building works on an estate even where the works may have been approved by the estate’s management company.

Negligence by a Solicitor is only relevant if it causes a loss.

A party is bound by the terms of the agreement and cannot subsequently seek to rely on matters it has not provided for.

Solicitors should not give undertakings lightly.

In Roundstone Nurseries Limited v Stephenson Holdings Limited, the Court considered whether it had jurisdiction to award costs in relation to a mediation that had failed.

The banking of a tenant’s cheque will not always lead to a landlord losing its right to forfeit a lease.