Conveyancing Case Law in the UK
Below are recent conveyancing cases & laws from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
 
David Barclay Smith v James Crombie and Mrs Rita Crombie, [2012] CSOH 52, 21 March 2012  -  Outer House case concerning a boundary dispute relating to two properties on Sixth Street in Newtongrange.  Mr Smith (the owner of  no. 77) claimed that Mr and Mrs Crombie (the owners of no. 75) had removed a fence which divided the two rear gardens and replaced it with an extension and another fence... more...
John Nicholas Andrew Lubbock and Robert Cheyne Turcan as Trustees of the Elliot of Harwood Trust v. Robin Feakins and the Keeper of the Registers of Scotland, AJ99/10, 17 February 2012  -  Sheriff Court case concerning the sale of Harwood Estate near Bonchester Bridge in Hawick. In 2002 the trustees sought to sell part of the estate with the exception of Harwood Mill, which was being retained as a residence for Andrew Lubbock, and the lodge, which was the subject of a liferent to Georgina... more...
Pinecraven Construction (Guernsey) Limited v. Dominic Donato Taddei and Claire Susanne Taddei, [2012] CSOH 18, 26 January 2012  -  Outer House case considering the interpretation of missives for a property in Melrose, near Galashiels. Pinecraven sought damages and interest from Mr and Mrs Taddei as a result of their failure to settle the transaction. Mr and Mrs Taddei argued that there was no concluded contract. The crux... more...
Ewen Ross Alexander as the Trustee on the sequestrated estates of David George Pocock v Skene Investments (Aberdeen) Ltd and others, [2011] CSOH 144  -  The facts Outer House case in which a trustee in bankruptcy sought declarators and reductions relating to a series of conveyancing transactions which followed an alleged fraud on the part of a bankrupt (Mr Pocock). The transactions related to the sale of a property at Queen’s Gardens in... more...
William Stuart Fullarton v. Frank Anson Smith and Margaret Smith, Sheriff Derek Livingston, Kilmarnock Sheriff Court, 25th July 2011  -    Parties and Background The defenders had entered into missives to purchase a house from the pursuers. The date of entry was to be 4th July 2008. The missives provided that the defenders would be in material breach of the contract if payment was not received on the entry date. The missives also... more...
William Stuart Fullerton v Frank Anson Smith and Margaret Smith, A891/10  -  Sheriff court case concerning an action for damages for failure to pay the purchase price timeously in terms of missives for the purchase/sale of a house in Saltcoats. The missives provided for a date of entry of 4th July 2008. However, settlement did not take place and the purchase price was not... more...
Mr John Hunter v Mrs Helen Tindale, SA932/10  -  Sheriff Court case concerning the maintenance of part of an archway over a pend on Constitution Street in Edinburgh. The pend is a passage running through a tenement giving access to a courtyard and premises to the rear.  The issue for the court was whether the owner of the pend was liable for a share... more...
Compugraphics International Ltd v. Colin Nikolic, [2011] CSIH 34  -  Case concerning rights to air conditioning apparatus overhanging a neighbouring property.  In 2007 Mr Nikolic bought land neighbouring Compugraphics factory at Eastfield Industrial Estate in Glenrothes. He asked Compugraphics to remove the overhanging pipes, ductwork and supporting stantions (which had... more...
Gregor Homes Ltd v. Mark Anthony Emlick, Sheriff William Holligan, Edinburgh Sheriff Court, 11th January 2011  -  The pursuers were a limited company engaged in the development and sale of houses. The defender was a businessman. The parties exchanged missives between May 2006 and August 2007 under which the defender agreed to purchase property from the pursuers. The property required to be extensively remodelled... more...
AMA (New Town) Limited v Paul McKenna, Sheriff Principal Edward F Bowen QC, Edinburgh Sheriff Court, 28th February 2011  -  This was an appeal against a Sheriff’s decision to grant decree in favour of the pursuers in an action for payment. The parties had entered into Missives, on conclusion of which part of the purchase price was paid. The defender and appellant then indicated to the pursuers and respondents that he was... more...
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