Property Law article
Roger Jones and Katherine Jones v. William Henderson Gray and Edna Drummond Ross or Gray, [2011] CSOH 204, 13 December 2011
Outer House case concerning the creation of a servitude right of access by prescriptive possession. Mr and Mrs Gray owned…
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Case Comment: Kernott v Jones [2011] UKSC 53
By Stephanie Smith, Arden Chambers
In this appeal (from [2010] EWCA Civ 578) – their Lordships were charged with revisiting the…
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Happily ever after………
As shown in the previous blog, many issues can arise when couples purchase a property together. With this in mind,…
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Orkney Housing Association Limited v Moira Atkinson and Thomas Atkinson, A45/09
Sheriff court case concerning servitude rights over an access road near Dounby on Orkney. Orkney Housing Association owned former garage…
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Landmore Limited v. Shanks Dumfries and Galloway Limited, [2011] CSOH 100
Case considering the meaning of “waste” in terms of the lease of a landfill site near Stranraer. The lease provided…
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Its all in the contract
Foundations of landlord and tenant law – part 4 As well as being an ‘estate in land’ (looked at in part 1) a lease or tenancy is also a type of contract. So we need to take a look at contract law. Contract law is a very important area of law which affects all of us in our…
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A digression on equity and the Court of Chancery
Foundations of landlord and tenant law – part 3 I had thought of leaving this bit out, as it is not essential to landlord and tenant law. But it is an important part of our legal history and comes into all sorts of things, so I thought I had better just mention it. Anyway it…
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Owning property with other people – the rules
Foundations of landlord and tenant law – part 2 Often people want to own property together. For example: A husband and wife may own their house jointly Business partners may own the lease for their shop premises together Brothers and sisters may be left a property jointly when their parents die Several friends may rent…
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Case Comment: Royal Bank of Scotland plc v Wilson & Anor [2010] UKSC 50
The intricacies of Scottish conveyancing are unlikely to grip the readers of this blog. So, in this article, the focus is on the unhappy turn of events which confronted the respondent’s counsel at the recent Supreme Court hearing.
To do so requires a…
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Manchester City Council (Respondent) v Pinnock (Appellant) [2010] UKSC 45
This appeal concerns the question of whether article 8 of the European Convention on Human Rights (“article 8”) requires UK…
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