Welcome to the Summer 2016 edition of the Real Estate Bulletin.

In this edition of the Real Estate Bulletin we cover a kaleidoscope of recent property cases:

  • The Courts remain reluctant to interfere in commercial negotiations by placing obligations on proposed joint venture partners acquiring a property when their relationship subsequently breaks down
  • The High Court reminds us of what is necessary for a surrender to take effect by operation of law
  • Another decision on the application of the Landlord and Tenant (Covenants) Act 1995 in relation to guarantors, this time the High Court considered the validity of an assignment of a lease by a tenant to its guarantor
  • The Court of Appeal departs from the position set out by the Supreme Court in Coventry v Lawrence in relation to a landlord's liability for nuisance committed by a tenant when it comes to nuisance caused by a licensee
  • The High Court tries to balance the competing interests of a tenant's right to quiet enjoyment and a landlord's right to carry out development/building works around the tenant
  • Conveyancers found liable in a recent fraud case. The importance of due diligence in property transactions
  • The Supreme Court confirms the basis on which prescriptive rights over land are acquired

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.