Remedies

Copyright © 2026 LexisNexis
This Overview signposts core resources on remedies in property disputes, with links to legislation and practical guidance.

Remedial strategy is central across trespass, nuisance, land registration, co - ownership and landlord and tenant claims. Practitioners must evaluate the availability, preconditions and tactical value of common law damages, equitable relief and statutory orders.

Key topics include: interim and final injunctions (American Cyanamid) and damages in addition to or in lieu under section 50 Senior Courts Act 1981 and section 38 County Courts Act 1984; specific performance of land contracts, subject to section 2 Law of Property (Miscellaneous Provisions) Act 1989; possession; mesne profits; forfeiture and relief (section 146 Law of Property Act 1925); declaratory relief; and limitation and equitable defences.

For registered land, remedies concern rectification and alteration under Schedule 4 Land Registration Act 2002 and indemnity under Schedule 8, with jurisdiction in the First - tier Tribunal (Property Chamber) and the Upper Tribunal. In co - ownership disputes, orders under sections 14 - 15 of the Trusts of Land and Appointment of Trustees Act 1996, equitable accounting and occupation rent are central.

The materials also address proprietary estoppel relief, orders...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Property Disputes News

Property Disputes weekly highlights—3 September 2026

This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision on the effect on an RTM claim of failure to serve notice...

CIOB and CIH publish joint guide on damp and mould in social housing

The Chartered Institute of Building (CIOB) and the Chartered Institute of Housing (CIH) have jointly published a guide titled ‘Tackling damp and...

Pure rate-mitigation ‘box-shifting’ does not amount to occupation for non-domestic rating purposes (City of London v 48th Street Holdings)

Local Government analysis: The Court of Appeal held that the temporary placement of items in otherwise unoccupied premises solely to secure business...

Online Procedure Rule Committee publishes guidance on digital possession service user journey

The Online Procedure Rule Committee has published guidance providing accessible descriptions of selected screens used within services operating under...

View Property Disputes by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief that A had a release from B, A and C exchanged contracts. However, B had not signed the contract or released A. C has obligations in the contract to take actions with B under B’s obligations in the

Order for sale—next steps after obtaining an order for sale

Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale (private treaty, auction, etc), issues pending completion of the sale, for example vacant

What remedies does a landowner have if someone places a structure (eg a shed) on its land without

What remedies does a landowner have if someone places a structure (eg a shed) on its land without permission? Can the landowner remove the structure if it is not removed on request and recover its costs from the offending party? We do not know in what capacity the offending party has access to the

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief that A had a release from B, A and C exchanged contracts. However, B had not signed the contract or released A. C has obligations in the contract to take actions with B under B’s obligations in the

Order for sale—next steps after obtaining an order for sale

Order for sale—next steps after obtaining an order for sale

Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale (private treaty, auction, etc), issues pending completion of the sale, for example vacant

What remedies does a landowner have if someone places a structure (eg a shed) on its land without

What remedies does a landowner have if someone places a structure (eg a shed) on its land without

What remedies does a landowner have if someone places a structure (eg a shed) on its land without permission? Can the landowner remove the structure if it is not removed on request and recover its costs from the offending party? We do not know in what capacity the offending party has access to the

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a