The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly addresses the question of whether a house in multiple occupation (HMO) would breach such a covenant. However, you may find the following useful.
In the textbook 'Restrictive Covenants and Freehold Land: A Practitioners Guide', Andrew Francis, the construction of restrictive covenants is outlined, and specifically makes the point
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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