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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News

Practice notes

Precedents

Q&As

Latest Property Disputes News

Leasehold reform—Ground Rent Bill gains some much needed clarity

The following Property Disputes news provides comprehensive and up to date legal information on Leasehold reform—Ground Rent Bill gains some much needed clarity

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Property Disputes weekly highlights—29 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—29 July 2021

Featured Property Disputes content

Notice to complete

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

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

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...

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...

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

Precedents

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

19th May

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

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...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

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

19th May

COVID-19

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...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

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...

19th May

In-house

Most recent Property Disputes content

Practice notes

Easements—extinguishing

Easements—extinguishingThere are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin,...

3rd Aug

Practice notes

Easements lost by abandonment

Easements lost by abandonmentIn order to show that an easement has been abandoned, the servient owner must show that the dominant owner had a clear...

3rd Aug

Practice notes

Easements—LPA 1925, s 62 and permissions

Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....

3rd Aug

In-house

Practice notes

Coronavirus (COVID-19)—implications for property

Coronavirus (COVID-19)—implications for propertyThis Practice Note introduces the key implications that property practitioners should consider in...

3rd Aug

COVID-19

In-house

Practice notes

Dealing with parking rights

Dealing with parking rightsThe need for parking is commonplace and consequently land for parking can attract significant value either by way...

3rd Aug

Practice notes

Property key future developments tracker

Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...

3rd Aug

Practice notes

Estate rentcharges—freehold land

Estate rentcharges—freehold landWhen selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems...

3rd Aug

Practice notes

Easements—nature and characteristics

Easements—nature and characteristicsNature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant...

3rd Aug

Practice notes

Individuals—reviewable transactions—Property

Individuals—reviewable transactions—PropertyTransactions at an undervalueA transaction at an undervalue is a transaction which is made by a debtor:•by...

3rd Aug

Practice notes

Positive covenants—binding successors in title

Positive covenants—binding successors in titleA covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities...

3rd Aug

In-house

Practice notes

Acquisition of easements by long use

Acquisition of easements by long usePresumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a...

3rd Aug

Practice notes

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...

3rd Aug

Practice notes

Part 36 offers—what are they, why make them?

Part 36 offers—what are they, why make them?Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6...

Produced in partnership with David Juckes of Hailsham Chambers 3rd Aug

Practice notes

Claims for rectification

Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...

3rd Aug

Practice notes

Business and Property Courts—the disclosure pilot scheme

Business and Property Courts—the disclosure pilot schemeIntroductionThis Practice Note considers the disclosure pilot scheme which applies across the...

3rd Aug

Practice notes

Residential—statutory limitations on recovery of service charges and administration charges

Residential—statutory limitations on recovery of service charges and administration chargesStatute limits the amount that may be recovered from...

3rd Aug

Practice notes

Commercial service charges—what expenses can the landlord recover?

Commercial service charges—what expenses can the landlord recover?Repair and improvementsA tenant will not generally be expected to pay for the...

3rd Aug

Practice notes

Dispute resolution: key appeal cases—2021

Dispute resolution: key appeal cases—2021One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case...

3rd Aug

Precedents

Section 25 notice—Landlord opposing renewal (with grounds) under LTA 1954

Section 25 notice—Landlord opposing renewal (with grounds) under LTA 1954Coronavirus (COVID-19): During the current pandemic, legislation and changes...

3rd Aug

Q&As

Is there any case law or commentary regarding whether scaffolding on the exterior of the premises (outside of the demise) would constitute a breach of the requirement to give vacant possession after a break?

Is there any case law or commentary regarding whether scaffolding on the exterior of the premises (outside of the demise) would constitute a breach of...

3rd Aug

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Property Disputes Law

View Property Disputes by content type:

Latest Property Disputes News

Leasehold reform—Ground Rent Bill gains some much needed clarity

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Property Disputes weekly highlights—29 July 2021

Featured Property Disputes content

Notice to complete

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Discharging a charging order over land

Remedies for breach of restrictive covenants

Most recent Property Disputes content

Popular documents

Hearsay evidence in civil litigation

Skeleton arguments

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The Financial Assistance Scheme—what are the available benefits?

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