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Latest Property Disputes News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Featured Property Disputes content

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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19th May
Practice notes

Remedies for breach of restrictive covenants

Damages or injunction—the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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19th May
Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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19th May
Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...
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Produced in partnership with Desmond Kilcoyne 19th May
Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Precedents

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
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Most recent CPR updates content

Practice notes

CPR changes—1 October 2018 [Archived]

CPR changes—1 October 2018 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further,...
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28th Jun
Practice notes

Brexit post implementation period—CPR changes

Brexit post implementation period—CPR changesThis Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure...
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28th Jun
tag iconBrexit
Practice notes

CPR changes—December 2011 to April 2012 [Archived]

CPR changes—December 2011 to April 2012 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
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5th Jun
Practice notes

Practice Direction changes—August 2018 [Archived]

Practice Direction changes—August 2018 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

CPR changes—April 2014 [Archived]

CPR changes—April 2014 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
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5th Jun
Practice notes

CPR update—April 2010 [Archived]

CPR update—April 2010 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some...
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5th Jun
Practice notes

Practice direction changes—November 2017 [Archived]

Practice direction changes—November 2017 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

CPR changes—January 2015 (Brussels I (recast)) [Archived]

CPR changes—January 2015 (Brussels I (recast)) [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information...
Read More >
5th Jun
Practice notes

Practice Direction changes—February 2018 [Archived]

Practice Direction changes—February 2018 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

Practice Direction changes—November 2018 [Archived]

Practice Direction changes—November 2018 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

CPR changes—April 2015 [Archived]

CPR changes—April 2015 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
Read More >
5th Jun
Practice notes

CPR changes 1 August—1 October 2011 [Archived]

CPR changes 1 August—1 October 2011 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....
Read More >
5th Jun
Practice notes

CPR changes—June 2014 [Archived]

CPR changes—June 2014 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some...
Read More >
5th Jun
Practice notes

CPR changes—November and December 2015 [Archived]

CPR changes—November and December 2015 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

CPR changes—October 2015 [Archived]

CPR changes—October 2015 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
Read More >
5th Jun
Practice notes

CPR changes—September and October 2013 [Archived]

CPR changes—September and October 2013 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun
Practice notes

Practice Direction changes—May 2018 [Archived]

Practice Direction changes—May 2018 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....
Read More >
5th Jun
Practice notes

CPR changes—February and April 2016 [Archived]

CPR changes—February and April 2016 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only....
Read More >
5th Jun
Practice notes

CPR changes—April 2013 [Archived]

CPR changes—April 2013 [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
Read More >
5th Jun
Practice notes

Practice Direction changes—January 2019 [Archived]

Practice Direction changes—January 2019 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background information purposes...
Read More >
5th Jun

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Escrow accounts and escrow agreements

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Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions

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