Neighbour and party wall disputes

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
Read More >
Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
Read More >
Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
Read More >
19th May
Practice notes
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...
Read More >
19th May
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...
Read More >
19th May
Q&As
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...
Read More >
Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
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...
Read More >
19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
Read More >
19th May
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 >
19th May
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 >
19th May
Q&As
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...
Read More >
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
Read More >
19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
Read More >
Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Neighbour and party wall disputes content

Q&As
Where A and C resolve a boundary dispute by way of a Tomlin order, does that order bind A’s successor in title (B) in relation to the property...
Read More >
9th Sep
Practice notes
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading 6th Sep
Practice notes
Neighbour disputes—noise and nuisanceNoise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the...
Read More >
6th Sep
Q&As
If X becomes liable for a private nuisance (caused by Y) such that X must take reasonable steps to stop it, are X’s resources (or lack of them) taken...
Read More >
2nd Sep
Practice notes
Private nuisance—general principlesPrivate nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a...
Read More >
27th Aug
Practice notes
Japanese knotweed—legal frameworkJapanese knotweed locationsJapanese knotweed can be found almost all over the country. It can readily grow in...
Read More >
Produced in partnership with Phlorum and Groundsure 24th Aug
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
Read More >
18th Aug
Practice notes
Damage by tree rootsLiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware Mansions v Westminster CC, in which...
Read More >
16th Aug
Practice notes
Possession—anti-social behaviour, nuisance and crimeCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
Read More >
15th Aug
Q&As
Is the partial demolition of a party wall covered by the Party Wall etc Act 1996?Demolition to any extent of a party wall by an adjoining owner can...
Read More >
11th Aug
Practice notes
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—interference with the...
Read More >
11th Aug
Precedents
Deed to settle disputed boundaryDate [insert date]Parties1[insert name of First Owner] of [insert address][ incorporated in [England and Wales] with...
Read More >
10th Aug
Precedents
Agreement for access to neighbouring land—contractual or statutoryDate [date]Parties1[full name of Grantor] [of OR incorporated in England and Wales...
Read More >
10th Aug
Q&As
Where a leaseholder intends to undertake works to the fabric of the building which is owned by the freeholder, must they serve a party wall notice on...
Read More >
10th Aug
Q&As
Is it possible to register ownership of the subsoil beneath a public highway?If a property boundary cannot be identified from its title, then,...
Read More >
10th Aug
Q&As
Where the owner is building an extension on property A and needs to erect scaffolding on property B, if the owner of B refuses to grant a scaffolding...
Read More >
Produced in partnership with Christopher Snell of New Square Chambers 10th Aug
Q&As
Can a security light shining onto someone's private land be classed as a private nuisance?This response considers the principles of private nuisance,...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 10th Aug
Q&As
If neighbour A significantly reduces the height of a hedge (that neighbour A does not own), can neighbour B claim damages for loss of privacy from...
Read More >
10th Aug
Q&As
Are there height limits imposed on trees which border land?How high is too high?People want privacy in their homes and gardens. The government has...
Read More >
Produced in partnership with Elizabeth England 10th Aug

Popular documents