About Property Disputes Law
Lexis+ 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.
Business tendencies
Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Forfeiture
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Electronic Communication Code
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Property disputes
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
Topics We Cover
Latest Property Disputes News
HM Courts and Tribunals Service (HMCTS) has published a Court Forms Destination Table setting out changes to Chancery Division forms to support the...
This week's edition of Property Disputes weekly highlights includes: High Court decisions on a de minimis discrepancy in a boundary line and on the...
The Regulator of Social Housing (RSH) has published its 2026 financial forecasts of private registered providers, showing record planned investment in...
This week's edition of Property Disputes weekly highlights includes: High Court decisions on the apportionment of rent following a partial vesting of...
HM Courts and Tribunals Service (HMCTS) has published a collection of Business and Property Division forms which contains links to forms for use in...
Latest Property Disputes Practice Notes
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work:•for, or in connection with, the provision of a dwelling (DPA 1972, s...
Part 3, Schedule 5 Part 1–Schedule 5 Part 6 and Schedule 6 of the Consumer Rights Act 2015 (CRA 2015) contains a consolidated generic set of...
This Practice Note sets out what proprietary estoppel is, how to establish a plea of proprietary estoppel and provides examples of when in practice...
This Practice Note is a horizon scanner tracking key future developments in the field of Property law in England and Wales. It provides details of key...
This Practice Note explains how assured tenancies (ATs) and assured shorthold tenancies (ASTs) in England can be terminated where the Renters’ Rights...
Latest Property Disputes Precedents
[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION]][Insert court, list or sub-list and venue as appropriate]ORTHE...
[Name of creditor’s law firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...
This is an example of a guide which can be sent to clients. It provides general guidance on the collective enfranchisement of the freehold of a block...
Applicant: [insert initials and surname], [insert number of witness statement eg 1st] Exhibit: [insert exhibit description] Date: [insert date of...
INSOLVENCY ACT APPLICATION NOTICECASE NO: [insert case number][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISIONINSOLVENCY AND COMPANIES...
Latest Property Disputes Q&As
Featured Property Disputes content
Private nuisance—general principles
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liability
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreements
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a lease
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Remedies for breach of restrictive covenants
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to complete
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenancies
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistake
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignment
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double value
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Trespass—remedies
Trespass—remediesThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Return or forfeiture of a deposit
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of law (implied surrender)
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistake
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of lease
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
Associated legal terms
Accelerated Possession Proceedings
Proceedings governed by CPR Part 55 to recover possession of a property let on an assured shorthold tenancy where possession only is sought (ie no other claim, such as for unpaid rent is made). The proceedings are usually dealt with on paper, without the need for a hearing.
Private necessity
Private necessity describes a situation where a person interferes with another’s land or property in order to protect their own interests (such as their person, goods or property) from imminent harm, for example mooring a boat on another’s land in a storm or entering land to escape danger.
In common law across England and Wales, Scotland, Northern Ireland and Ireland, it operates as a limited defence to torts or delicts such as trespass or nuisance. It does not generally provide a complete justification: the defendant may avoid liability for the decision to interfere, but must usually compensate the owner for actual loss or damage caused.
Private necessity is primarily a case law concept rather than a detailed statutory regime, and is closely related to, but distinct from, public necessity and statutory powers of entry. Courts assess: (i) the imminence and seriousness of the threatened harm, (ii) whether the defendant’s response was reasonable and proportionate, and (iii) whether less intrusive alternatives existed.
Usage and principles are broadly consistent across the UK and Ireland, though Scots law frames the analysis within delict and may characterise the conduct under broader doctrines of justification and reasonableness.
Section 18
Section 18 of the Landlord and Tenant Act 1927. This operates as a statutory cap on the amount of damages which a landlord can recover from a tenant at the end of a lease term in respect of dilapidations.
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