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Development - how to ensure that positive obligations bind successors in title

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • February 20 2013

In this article, we look at two cases which consider different aspects of the law on enforcing positive obligations against successors in title. The

Where a buyer failed to complete on a contract, and the seller was being awarded damages as a result, what was the base value of the property? Should it be taken as at the date of the breach, or at a later date when the property market had fallen?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • April 30 2013

Events which occur after a property salepurchase contract has been breached may be taken into account;therefore, where the property market had

What constitutes actual occupation?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • May 19 2010

In Link Lending Ltd v Hussein and another, the Court of Appeal considered what constitutes actual occupation so as to defeat an application for a possession order

Landlord and tenant - break options

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • March 15 2012

Where a break clause is conditional on all sums due under the lease having been paid, the break may be frustrated if the tenant owes interest on late payments

Easements - can a right to park a car in a single space be an easement?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • June 28 2012

A right to park a car in a single defined space is upheld as capable of existing as an easement

Contract - can a buyer terminate a contract post-completion where a seller is in breach?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • January 25 2012

The usual remedy for a breach of contract is damages payable by the defaulting party

A tenant's dilapidations obligation, at the end of the lease, did not require it to install state of the art fittings even though the items provided by the landlord at the start of the tenancy were the best available at that time

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • May 31 2013

A tenant occupied commercial premises under various leases. When the leases expired, the tenant stayed on for a while longer but did eventually move

Restrictive covenants - a covenant will only be enforceable if the land benefiting from it is easily ascertainable

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • December 13 2012

The land which benefits from a restrictive covenant must be easily ascertainable from the document which imposes the covenant

Landlord and tenant - what is the extent of a lease of airspace?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • February 17 2011

Ownership of freehold land will normally carry with it such airspace above it as is necessary for the ordinary use and enjoyment of the land and the structures on it

Digging deep - can a ground floor tenant extend below ground?

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • May 28 2012

In the current climate, property owners who need more space may prefer to stay put and extend, rather than move. However