The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
The answer to the question whether the erection of an extension to an existing residential property will be in breach of a covenant not to build residential property on a piece of land or to cause a nuisance where the existing residential property was erected before the covenant was imposed will depend on the true construction of the actual words used in the restrictive covenants and the manner in which the proposed work is to be carried out.
Dealing first with the covenant against causing a nuisance; there is no suggestion that additional words such as ‘annoyance’ or ‘injury’ or ‘detriment’ are used in conjunction with ‘nuisance’. Nuisance is a narrower word than annoyance or detriment. The question has arisen in the authorities whether such a covenant restricts anything more than would
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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