Property cases

A positive covenant may burden successors.

The Court can see the wood from the trees!

The effect of a near miss on a Part 36 Offer combined with a failure to follow the Protocol.

The law will seek to let justice triumph over technicalities.

Failure of a multiple guarantor to validly sign may invalidate all the guarantees.

Tenant’s right to remove its plant and equipment from premises even though substantial and costly to do so.

Any material variation can discharge a guarantor!

Courts are reluctant to imply a repair obligation on a landlord of commercial premises.

Surveyors or Architects acting for developers can owe substantial duties to purchasers.

The Court is now giving useful guidance to surveyors re Terminal Dilapidations Claims.