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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.

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Associated legal terms

Lis pendens

Lis pendens describes the existence of pending litigation, commonly used in practice to warn that court proceedings may affect title to, or interests in, land. Its purpose is to protect a claimant’s position against purchasers or mortgagees and to preserve priority while the dispute is determined.

In England and Wales, the historic doctrine that a purchaser was bound simply because a suit was pending has been superseded by registration-based systems. For unregistered land, protection is by registering a pending land action as a land charge under the Land Charges Act 1972. For registered land, protection is by an agreed or unilateral notice and/or an appropriate restriction on the title under the Land Registration Act 2002. The Latin term is descriptive; its practical effect depends on proper registration.

In Northern Ireland and in Ireland, lis pendens is a statutory notice that can be registered in the Land Registry/Registry of Deeds to give constructive notice to third parties of proceedings affecting land. Once registered, it typically binds successors for as long as the action remains pending, and can be vacated when proceedings conclude or by court order.

In Scotland, the term is not used for land registration; analogous protection is obtained by inhibition on the dependence.

Mannai

The case of Mannai v Eagle Star [1997] 3 All ER 352, in which the House of Lords (as was) confirmed that a mistake in a contractual break notice was not fatal to its validity, as the reasonable recipient would not be misled by the error.

Torts Notice

/tɔːt/ /ˈnəʊtɪs/

Notice served pursuant to the Torts (Interference with Goods) Act 1977, where goods have been left behind at lease expiry (commonly following forfeiture). It imposes an obligation on a former tenant to collect the goods and allows the landlord to sell the goods, if the tenant fails to do so.
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