Tanfield’s members advise on:

  • representations made before contract
  • the construction of contracts for sale, transfers, options and similar documents
  • mistake
  • misrepresentation, misdescription and non-disclosure
  • deduction and investigation of title
  • interests affecting land, such as easements and restrictive covenants where registered and where not
  • contractual disputes arising out of such documents
  • remedies for breach of agreement for sale including issues related to:
    • rescission
    • damages
    • forfeiture of deposit and the power to order repayment of the deposit under s.49(2) of the LPA 1925
    • whether a deposit is a penalty
    • specific performance and defences to the same
    • vendor and purchaser summons
  • registration of title at HM Land Registry and issues relating to the registration gap including:
    • Registrable dispositions
    • Effect of registration
    • Legal and equitable title pending registration
    • Enforcement of landlord and tenant covenants during the gap
    • Service of notices during the gap
    • Operation of enfranchisement during the gap
  • real property finance
  • licences
  • rectification of documents
  • rectification of title
  • conveyancing disputes

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