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Dewar Hogan

Company News

When the law of property development collides with consumer law!

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Some of the most satisfying cases, and also some of the most perplexing, come when other areas of law altogether raise their head in a property context. One such area is consumer law. There is a number of situations where parties to perfectly common property transactions might stand in the relationship of consumer and trader…

Absolute covenants = absolute control. Landlords think again!

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A situation which often grieves residential leaseholders is this – a developer comes along and either purchases the freehold himself, or else enters into a deal with the freeholder, and then proposes to put a new flat or two on top of the existing building. Existing leaseholders seldom like this idea, involving as it does…

Career and Business Opportunities

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The firm Dewar Hogan is a well-known and respected niche property litigation practice in the City. The firm consists of seven lawyers who deal with all type of commercial and residential property litigation and advisory work. The firm’s current matters includes development work such as opposed lease renewals, rights to light, party wall, and access…

The Party Wall Act and compensation for non-physical damage

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If there is one section of the Party Walls Act which comes across a litigator’s desk more than another, it’s section 7(2). It doesn’t sound complicated – ‘the building owner shall compensate any adjoining owner and adjoining occupier for any loss or damage which may result to them by reason of any work executed in…

Lease extensions and premiums – not a point of law at all, says the Court of Appeal

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Yesterday the Court of Appeal delivered its judgment in the case of Mundy –v- The Trustees of the Sloane Stanley Estate (see our earlier post here). It’s a bit of a damp squib, since, predictably, those who examined the puffs of white smoke and predicted victory for the big battalions have been proven correct. Indeed, Lord…

Lease extensions and premiums A threat to residential investment values

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As most readers will know, long leaseholders of flats are entitled to extend their leases upon payment of a premium. The Court of Appeal is presently considering its decision in the case of Mundy v Mundy v The Trustees of the Sloane Stanley Estate, which concerns the method of arriving at the premium a leaseholder…

Party Wall

Party Walls and costs – an eye-wateringly wrong decision!

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Every now and then a judicial decision comes along which is so eye-wateringly wrong, in its consequences if not in its reasoning, that all well-intentioned people in the relevant field just know it will have to be corrected in due course either by the Court of Appeal or Parliament, and resolve with a sigh that…

Beneficial Ownership

Interests in property – visible, invisible and hidden!

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The Panama Papers have taught us all, if we didn’t know already, about the many and various ways in which property can be ‘owned’ by parties whose very existence you would never suspect from the Land Registry – or from any public record for that matter. Lawyers call this the ‘beneficial’ interest but most would…

Apartment_block

The residential development ground rent market – a purchaser’s perspective!

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We are seeing an increasing number of claims lately in the area of newly built flats. Typically these are purchased off-plan, and claims where the purchaser is not happy when he first sets eyes on the finished product have always been common enough. A closely related and topical issue is the status of deposits. Lately,…

Bedevilling the Right to Manage – What did Parliament intend?

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Last month (February 2017) in Elim Court RTM Co Ltd v Avon Freeholds Ltd, the Court of Appeal expressed concern that the current RTM procedures contain various traps and stated that the Government may wish to consider simplifying the procedure or granting the First Tier Tribunal a power to grant relief in respect of a…

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