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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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...
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...
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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...
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...
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...
First, a private nuisance may be and usually is caused by a person doing, on their own land, something which they are lawfully entitled to do. Their...
It is often the case that works to an adjoining property lead to strained relations between neighbours. Less commonly, those works can give rise to a...
Under sections 1(1), 1(2) and 1(3) of the Access to Neighbouring Land Act 1992 (ANLA 1992), a landowner can obtain access to his neighbour’s land by...
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