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About Property Law

Property is one of the most complex areas of law. Some of it is rooted in ancient laws – but case law is constantly changing. The stakes are high, but research time is in short supply. Lexis+ Property brings all of the different sources you need together so you can find the answers you need, fast.

Transferring property

This topic includes a suite of Practice Notes and Precedents covering all aspects of the process of buying and selling land, including conditional contracts and contracts entered into by insolvency practitioners.

Leasing property

Commercial property is a staple for many property lawyers. Coronavirus has introduced changes for landlords and tenants – we’ve taken them and published a suite of precedent Pandemic lease clauses.

Property development

We have a broad range of Practice Notes and Precedents for this specialised and complex area. Structured logically – site acquisition, vacant possession, structuring a development project, overage, and rights of light.

Property disputes

Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary. Our daily news feeds and weekly highlights keep you informed of new cases, and legislation.

Our Top Sources

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Latest Property Q&As

Q&As
A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those plots. Can the plot buyers recover the deposits?
Q&As
When offering tenants the right of first refusal under section 5 of the Landlord and Tenant Act 1987 and the estate being disposed of has more than one building/block, the landlord is required to sever the transaction and deal with each building separately. When tenants across the various blocks have the same rights over the same appurtenant property, such as roadways and gardens, how should this be split between the blocks when identifying the land being disposed of in each section 5 notice?
Q&As
My client is selling a freehold subject to an intermediate lease and four residential underleases granted out of it. The disposal of the intermediate lease is a disposal for the purposes of the 1987 Act and the head lessor will be the landlord. Because we are also selling the freehold simultaneously with the intermediate lease, should the freeholder as well as the head lessor (ie by both together) serve the section 5a notice even though the sale of the freehold is not a relevant disposal and the freeholder is not the immediate landlord of the qualifying tenants?
Q&As
Freehold title is owned by A. There is an intermediate leasehold title owned by B. A has a beneficial interest in the intermediate leasehold interest in capacity as trustee under the pension fund, which is the registered legal owner of the intermediate leasehold interest. Will that be sufficient to satisfy the requirement for the same person to own the freehold and leasehold titles in order for merger to occur?
Q&As
Can an easement be acquired by prescription over an access route which is used for fire escape purposes only?
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Associated legal terms

Alteration to register of title

Alteration of the register is the change of information on the Register of Title.

Class A land charge

A charge on land originating from a statute following an application by the chargee.

Protection of Property

Protection of property describes the range of legal mechanisms used to safeguard ownership and other property rights against interference, loss or damage. It is not a single defined concept in legislation, but a descriptive expression covering civil, criminal and regulatory remedies across the UK and Ireland.

In practice, protection of property includes: criminal offences such as theft, criminal damage, burglary and fraud; civil claims such as trespass, nuisance, conversion and negligence; proprietary remedies (injunctions, declarators, delivery up, vindicatory actions in Scots law); and security devices such as mortgages, charges, liens and trusts. It also encompasses statutory protections, for example under housing, landlord and tenant, compulsory purchase, insolvency and planning regimes, as well as human rights protections of possessions (Article 1 of Protocol 1 ECHR).

Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology and specific remedies (e.g. Scots law actions, Irish constitutional property rights) differ. For practitioners, “protection of property” typically arises in advisory and contentious contexts when identifying causes of action, defences, interim relief, enforcement options and risk management strategies relating to real property, personal property and intangible assets.
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