Explore strategic insights and practical guidance on managing and resolving property disputes effectively. Delve into the intricacies of property disputes and explore effective remedies to resolve conflicts. This topic provides essential analysis and practical guidance for legal practitioners navigating the challenges of property-related disagreements.
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...
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 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
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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