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Drawing the line

David Sawtell and Erol Topal consider significant property case law from the first half of 2017, including decisions on long leaseholds and contested beneficial interests

5 July 2017

Six months or so into 2017, it is worth pausing to reflect upon some of the more interesting property law decisions so far. We have not seen the appellate courts breaking new ground or establishing new principles; instead, existing rules of law have been developed and nuanced, with their boundaries more clearly delineated.

We have, however, seen a steady stream of decisions making their way through the Upper Tribunal and then into the Court of Appeal affecting the rights and obligations of long leaseholders. This is a trend that is likely to continue as freeholders and management companies attempt to fulfil their repair and management obligations while passing as much of the liability as possible on to tenants.

Marking the boundaries

In Port of London Authority v Mendoza [2017] UKUT 146 (TCC), we learnt that the mere mooring of a vessel continuously in the same p...

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