Limitation

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Practice notes
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...
Read More >
9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Read More >
9th Nov

Most recent Limitation content

Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
Read More >
22nd Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
Read More >
12th Apr
Precedents
This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...
Read More >
9th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation periodsStatutory limitation periods seek to...
Read More >
30th Mar
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
Read More >
23rd Mar
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
Read More >
12th Mar
Practice notes
This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods...
Read More >
9th Mar
Q&As
The wrongful interference with an easement constitutes a private nuisance. See Commentary: Interference with easement as a nuisance: Halsbury's Laws...
Read More >
25th Feb
Q&As
The principle of non-derogation from grant prevents a landlord from substantially interfering with any use for which premises are specifically let....
Read More >
29th Jan
Q&As
Where a solicitor instructed by a tenant has negligently failed to include a break clause in the lease, the tenant has an action under the tort of...
Read More >
Produced in partnership with Alex Campbell of Arden Chambers 22nd Jan
Q&As
It is common for interests in land to be protected by way of restrictive covenant. Such covenants may arise from a lease, or may be in relation to...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
Where a lender makes a secured loan, this will be governed by section 20 of the Limitation Act 1980 (LA 1980), in addition to LA 1980, ss 5 and 8 (a...
Read More >
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

Popular documents