You are here

Update: property

Janet Armstrong-Fox reviews cases on conveyancers' undertakings, VAT treatment of parking space leases and the enforceability of restrictive covenants, as well as government plans to protect tenants of repossessed properties

6 October 2009

Earlier in the year the widely discussed case of Angel Solicitors v Jenkins O’Dowd & Barth [2009] EWHC 46 (Ch) gave all conveyancers pause for thought – if not a shiver down their collective spine. The judge said the case demonstrated “the folly of giving the usual solicitors’ undertaking to redeem or discharge existing mortgages and charges over the property which is being sold without having first obtained a redemption statement and the mortgagee’s agreement to release the property from all relevant charges upon payment of an ascertained sum”.

A subsequent case this summer causes us to revisit the perils of conveyancers’ undertakings. In Clark v Lucas Solicitors LLP [2009] EWHC 1952 (Ch), the Clarks had bought a house from a developer. Two all monies charges were secured on the development site, one in favour of a bank and another in favour of an individual who had helped to finance the development. In replies to requisitions on title the dev...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.