Neighbour and party wall disputes

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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov

Most recent Neighbour and party wall disputes content

Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 18th Jan
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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18th Jan
Practice notes
Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...
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15th Jan
Practice notes
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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15th Jan
Practice notes
Damage and disruption caused by building works are usually the subject of a claim in trespass, nuisance or negligence. This Practice Note briefly...
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15th Jan
Practice notes
High hedgesPart 8 of the Anti-Social Behaviour Act 2003 (ABA 2003) empowers local authorities (LAs) to deal with complaints in respect of high...
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15th Jan
Practice notes
The Party Wall etc Act 1996 (PWA 1996) imposes rights and obligations on property owners who wish to:•work on existing party walls or...
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15th Jan
Practice notes
It can be impracticable to carry out works of repair or improvement to land without going onto another person's land (eg where the building line is...
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15th Jan
Practice notes
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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15th Jan
Practice notes
This Practice Note explains the circumstances in which the cost of party wall works can be shared, the right of adjoining owners and building owners...
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15th Jan
Practice notes
Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...
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15th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Phlorum and Groundsure 15th Jan
Q&As
The right to cut branches from a neighbour’s treeThe courts have held that where the branches of a tree overhang a neighbour’s land, the neighbour...
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Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan
Q&As
If a wall has a buttress, then it will be part of the structure forming the wall. The presumption would be that the wall was erected by the owner of...
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Produced in partnership with Kevin Leigh of No 5 Chambers 8th Jan
Q&As
For the purposes of this Q&A, it is assumed that:•there are no details of the nature or urgency of remedial works•there are no details as to precise...
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Produced in partnership with Kate Andrews of Hamlins 8th Jan
Q&As
This response considers the principles of private nuisance, and whether a security light shining onto someone’s private land could constitute a...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
How high is too high?People want privacy in their homes and gardens. The government has legislated on this issue with two competing principal aims in...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan

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