The following Environment practice note Produced in partnership with Kate Goodall of Groundsure provides comprehensive and up to date legal information covering:
Subsidence occurs when the ground underneath a structure is unable to support it effectively.
Many factors can trigger subsidence issues. These include:
man-made disturbance (eg mines, mine shafts, old wells, soakaways, former ice-houses, former storage or refuse pits)
change in drainage patterns
The former Department of Energy and Climate Change consulted on underground drilling access—Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy—discussed the alleged risks from shale gas production. The paper stated that 'there are no documented cases of shale gas operations, whether exploration or production, causing subsidence large enough to cause damage at the surface. Shale gas production does not remove large quantities of rock from underground (by comparison with coal mining where subsidence does occur).
On 14 July 2016, DECC was merged with the Department for Business, Innovation and Skills, to form the new Department for Business, Energy and Industrial Strategy (BEIS).
Sinkholes are a type of land subsidence involving a vertical downward movement of the land surface.
The British Geological Survey (BGS) identifies several different types of sinkhole:
These result from soluble rock in the soil profile (including limestone, carbonate rock and salt beds) dissolving when attacked by rainfall or groundwater that is acidic
Sinkholes also occur where a thin covering of loose material such as sand, clay or
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
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
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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