Neighbour and party wall disputes

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Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

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

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

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...

9th Nov

Practice notes

Notice to complete

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

9th Nov

COVID-19

Practice notes

Successors in title—leases

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...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

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...

9th Nov

Practice notes

Void contracts

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...

9th Nov

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

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...

9th Nov

Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

COVID-19

In-house

Most recent Neighbour and party wall disputes content

Practice notes

Private nuisance—general principles

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...

30th Apr

Practice notes

Quick guide to where to issue common property dispute applications

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

29th Apr

Practice notes

Party walls—frequently asked questions

Do I always need to serve a party wall notice?Almost all works under the Party Wall etc Act 1996 (PWA 1996) start life with service of a notice. This...

23rd Apr

Practice notes

Quick guide to party walls

The Party Wall etc Act 1996 (PWA 1996) provides a framework that controls how a building owner who shares a boundary with an adjoining owner can carry...

23rd Apr

Practice notes

Party walls—shared costs and security for damage

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...

22nd Apr

Practice notes

Party Wall works—notices, disputes and awards

The Party Wall etc Act 1996 (PWA 1996) imposes rights and obligations on property owners who wish to:•work on existing party walls or...

20th Apr

Q&As

Where a new property is to be built close to the boundary with another property without formal rights permitting construction nor express deeds, can the neighbour refuse to allow foundations for the new property to encroach onto their land, and to refuse access for these works to be carried out?

Can the neighbour refuse to allow foundations for the new property to encroach onto their land?Generally speaking, a neighboring landowner can refuse...

Produced in partnership with Kate Andrews of Hamlins 9th Apr

Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...

8th Apr

Practice notes

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Produced in partnership with Professor Richard A Buckley 8th Apr

In-house

Practice notes

Access to neighbouring land

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...

8th Apr

Practice notes

Damage by tree roots

LiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to...

8th Apr

Practice notes

Neighbour disputes—noise and nuisance

Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...

8th Apr

Practice notes

Neighbour disputes—building works and harassment

Damage and disruption caused by building works are usually the subject of a claim in trespass, nuisance or negligence. This Practice Note briefly...

8th Apr

Practice notes

Neighbour disputes—high hedges

High hedgesPart 8 of the Anti-Social Behaviour Act 2003 (ABA 2003) empowers local authorities (LAs) to deal with complaints in respect of high...

8th Apr

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...

8th Apr

Practice notes

Quick guide to common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

12th Mar

Practice notes

Japanese knotweed—legal framework

Japanese knotweed locationsJapanese knotweed can be found almost all over the country. It can readily grow in nutrient-poor or contaminated soils,...

Produced in partnership with Phlorum and Groundsure 9th Mar

Precedents

Counter-notice under the Party Wall etc Act 1996

To: [Insert Building Owner]Of: [Insert Building Owner’s main address]As [Insert Adjoining [Owner OR Owners]] under the Party Wall etc Act 1996 (the...

Produced in partnership with Victoria Jones 12th Feb

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 vis-à-vis C?

A Tomlin order is often used to settle a dispute between two parties, (say) A and C. A Tomlin order is made up of two parts:•a consent order—that...

11th Feb

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 into account in determining what are ‘reasonable steps’ for this purpose?

‘Reasonable steps’ seems to be determined by the courts based on the specific facts and circumstances of the case.For example, in Goldman v Hargrave...

11th Feb