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Barnsley's Land Options
Barnsley's Land Options
6th Edition
Series:  Property and Conveyancing Library
Practice Area:  Landlord & Tenant
ISBN:  9780414034341
Published by:  Sweet & Maxwell
Publication Date:  24 Jun 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

This must-have guide provides practical commentary and analysis on the complex law of options affecting land. Its comprehensive coverage includes options to buy, options in wills, rights of pre-emption, transfer of options, options in leases and remedies for breach of an option agreement. It also covers options and tax including the impact of stamp duty land tax.

Main features:

  • Authoritative: first published in 1978, it is a well established title in the highly regarded Property and Conveyancing Library and is frequently cited in court
  • It provides practical commentary and analysis on the complex law of options affecting land
  • Set up a standing order and save
  • Detailed case law analysis
  • Comprehensive coverage of all areas of land options, considering options to buy, options in wills, rights of pre-emption, transfer of options, options in leases and remedies for breach of an option agreement
  • Takes a step-by-step approach, providing an explanation of options, the types of options, creation, assignment, exercise and remedies
  • It also covers tax issues such as the impact of stamp duty land tax
  • It looks at options created in freehold conveyances, leases and wills and covers both commercial and residential land
  • Contains advice on questions of construction, enforceability, the impact of statute, perpetuity, the remedies for breach and the implications of taxation
  • Fully covers all key options relating to freehold conveyances, leases and wills for both commercial and residential land transactions such as options to buy, to pre-emption, to renew a lease, to determine a lease and options granted by will
  • Sets out remedies for breach of an option agreement and options in the context of prescribed clauses leases
  • Looks at both the obligations of the option grantor and the rights of the option holder • Deals with options and insolvency
  • Structured specifically to ease navigation between topics, the book takes the reader step by step through an explanation of options, the types of options, creation, assignment, exercise, remedies and finally an explanation of options and tax
  • Experienced and well regarded authors from Falcon Chambers and Withers LLP

New to this edition:

  • The Perpetuities and Accumulations Act 2009
  • Coverage of the raft of cases concerning the validity of option notices in various circumstances and raising numerous issues since the last edition, e.g.:
    • Prudential v Exel [2009] EWHC 1350 (Ch)
    • Truegold v Questrock [2010] EWHC 966 (Ch) (which also deals with issues of priority)
    • AWD Chase De Vere Wealth Management Ltd v Melville Street Properties Ltd [2009] CSOH 150
    • Standard Life v W&J Linney [2010] EWHC 480 (Ch)
    • MW Trustees v Tellular Corporation [2011] EWHC 104 (Ch)
    • Avocet Industrial Estates LLP v Merol Ltd [2011] EWHC 3422 (Ch)
    • Baker Tilly Management Limited v Computer Associates UK Limited [2009] EWHC 3911 (Ch)
    • PCE Investors Limited v Cancer Research UK [2012] EWHC 884 (Ch)
    • Marks and Spencer plc v BNP Paribas Securities Services [2013] EWHC 1279 (Ch)
    • Siemens Hearing Instruments Ltd v Friends Life Ltd [2013] EWHC (Ch).
  • Furthermore
    • Croatia v Serbia [2009] EWHC 1559 (Ch) – whether a pre-2002 Act right of pre-emption can be protected by a restriction on the register of title.
    • Norwich Union v Linpac [2009] EWHC 1602 (Ch) & [2010] EWCA Civ 395 – effect of reassignment of personal option to original grantee.
    • Multi-Link v North Lanarkshire [2010] UKSC 47 – price payable on exercise of option, whether including development/hope value. - Chantry Estates v Anderson [2010] EWCA Civ 316 – whether terms to be implied into option agreement.
    • Service of option notices: Michael Gerson (Leasing) Limited v Greatsunny Limited [2010], 17th June.
    • Vacant possession in relation to the exercise of break options: Ibrend v NYK [2011] EWCA Civ 683.
    • Nature of an option and effect of escheat (and vesting orders): UBS v Crown Estate [2011] EWHC (Ch).
    • Options and rights of pre-emption and perpetuity: 1. Souglides v Tweedie [2012] EWCA Civ 1546; 2. Taylor v Couch [2012] EWHC 1213 (Ch); 3. Cosmichrome Ltd v Southampton CC [2013] EWHC 1378 (Ch).
    • Assignability of option: Gemini Press v Parson [2012], 24th April.
    • Service of option notices, whether stipulations mandatory and precluding alternative methods of service
    • Non-registration of option – whether constructive trust available: Groveholt Limited v Hughes [2012] EWHC 3351 (Ch).
    • Ridgewood Properties Valero Energy [2013] EWHC 98 (Ch): breach of option; repudiation; whether enforcement of covenants possible under Landlord and Tenant (Covenants) Act 1995.
    • Testamentary option, valuation: Clark v Clark [2011] EWHC 2746 (Ch).
    • Redlawn Land v Cowley [2010] EWHC 766 (Ch) – option valuation date. - Simmers v Innes [2008] UKHL 24 – procedure whether basis of valuation disputed.
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