Most, but not all1, party walls exist with an easement of support2; but such an easement does not normally impose at common law a direct positive obligation to repair3. However, if neglect or failure to act gives rise to an actionable nuisance4, then an obligation to repair may arise indirectly as a consequence. In the absence of such repair or maintenance work, an adjoining owner who suffers from the disrepair may recover damages to cover the cost of remedial works to the party wall to abate the nuisance
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Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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