Property Disputes Law

LexisPSL Property Disputes helps you to understand property disputes practice and procedures and the implications of legislation and case law on this. Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary and our daily news feeds and weekly highlights keep you informed of new cases, legislation, and commentary.

Property Disputes is a rapidly changing, case-law and legislation heavy area of law. It is of relevance not only for specialist property disputes lawyers, but also for property developers, local authorities, landlords, tenants and lawyers dealing with property matters.

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Practice notes

Precedents

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Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Property Disputes content

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

27th Nov

COVID-19

In-house

Practice notes

Guide to insolvency in the retail sector

This Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and practical issues facing office-holders...

Produced in partnership with Carolyn Jones 27th Nov

COVID-19

Practice notes

Commercial property service charge disputes—Scotland

Coronavirus (COVID-19): This Practice Note contains content which may be affected by the Corporate Insolvency and Governance Act 2020 (CIGA 2020)...

Produced in partnership with Gavin Deeprose and Scott Traynor of DLA Piper Scotland LLP 27th Nov

Practice notes

TOLATA 1996—procedure

Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19)...

27th Nov

Practice notes

Limitation—the principal limitation periods

The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...

27th Nov

COVID-19

In-house

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

27th Nov

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

27th Nov

COVID-19

In-house

Practice notes

CPR Part 8 claims (alternative procedure for claims)

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

27th Nov

Practice notes

Enforcing a judgment or order for possession of land

CPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the issue of writs and warrants For general guidance on CPR...

27th Nov

Practice notes

Coronavirus (COVID-19) civil court specific guidance—dispute resolution

This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...

27th Nov

COVID-19

Practice notes

Inhibition in Scottish civil litigation

This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...

Produced in partnership with Julie Hamilton of MacRoberts LLP 27th Nov

Scottish Law

Practice notes

Which enforcement of judgment method should I choose?

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

27th Nov

Practice notes

Claiming interest

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

27th Nov

In-house

Practice notes

Coronavirus (COVID-19)—implications for property

This Practice Note introduces the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the...

27th Nov

COVID-19

In-house

Practice notes

Possession—anti-social behaviour, nuisance and crime

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

27th Nov

Practice notes

Reform of UK insolvency laws

BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...

27th Nov

COVID-19

Practice notes

Recovering rent, arrears and rates considerations in Scotland

Coronavirus (COVID-19): Schedule 7 of the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...

Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 26th Nov

Scottish Law

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

26th Nov

Practice notes

Irritancy in commercial leases—Scotland

Coronavirus (COVID-19): Schedule 7 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...

Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 26th Nov

Scottish Law

Precedents