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The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—3 July 2025
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
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 agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
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...
Rectification—unilateral mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is only available for written contracts and other documents (not oral agreements). This Practice Note explains
Termination for breach of property contractRescission can either mean a contract is discharged by breach or a contract is treated as if it never existed—known as rescission ab initio. This Practice Note explains what these two different remedies mean, what options are available to the parties and
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 sale and purchase contract are dealt with in the Standard Conditions of Sale (SCS) and the Standard Commercial Property Conditions (SCPCs). This
What does the phrase ‘successors in title’ mean in a lease?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 standard lease will commonly contain the wording: ‘the expression “the Tenant” includes the
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