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Neighbour and party wall disputes

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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

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...

Service charges—summary of tenants’ rights and obligations

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...

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
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

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...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 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

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
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

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
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
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...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

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
tag iconCOVID-19
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
Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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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
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

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...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
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19th May

Most recent Neighbour and party wall disputes content

Q&As

If a residential homeowner’s garden becomes so overgrown and the property falls into such disrepair so as to reduce the value of their neighbour’s property, will this constitute a private nuisance? If not, what other remedies are available?

If a residential homeowner’s garden becomes so overgrown and the property falls into such disrepair so as to reduce the value of their neighbour’s...
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17th Sep
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?

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...
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9th Sep
Practice notes

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves...
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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 nuisance

Neighbour disputes—noise and nuisanceNoise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the...
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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 into account in determining what are ‘reasonable steps’ for this purpose?

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...
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2nd Sep
Practice notes

Private nuisance—general principles

Private nuisance—general principlesPrivate nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a...
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27th Aug
Practice notes

Japanese knotweed—legal framework

Japanese knotweed—legal frameworkJapanese knotweed locationsJapanese knotweed can be found almost all over the country. It can readily grow in...
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Produced in partnership with Phlorum and Groundsure 24th Aug
Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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18th Aug
Practice notes

Damage by tree roots

Damage by tree rootsLiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware Mansions v Westminster CC, in which...
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16th Aug
Practice notes

Possession—anti-social behaviour, nuisance and crime

Possession—anti-social behaviour, nuisance and crimeCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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15th Aug
Q&As

Is the partial demolition of a party wall covered by the Party Wall etc Act 1996?

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...
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11th Aug
Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—interference with the...
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11th Aug
Precedents

Deed to settle disputed boundary

Deed to settle disputed boundaryDate [insert date]Parties1[insert name of First Owner] of [insert address][ incorporated in [England and Wales] with...
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10th Aug
Precedents

Agreement for access to neighbouring land—contractual or statutory

Agreement for access to neighbouring land—contractual or statutoryDate [date]Parties1[full name of Grantor] [of OR incorporated in England and Wales...
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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 the freeholder who technically owns the wall and if so do you have a Precedent?

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...
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10th Aug
Q&As

Is it possible to register ownership of the subsoil beneath a public highway?

Is it possible to register ownership of the subsoil beneath a public highway?If a property boundary cannot be identified from its title, then,...
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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 licence, are there any statutory provisions that the owner of A can rely on?

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...
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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?

Can a security light shining onto someone's private land be classed as a private nuisance?This response considers the principles of private nuisance,...
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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 neighbour A?

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...
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10th Aug
Q&As

Are there height limits imposed on trees which border land?

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...
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Produced in partnership with Elizabeth England 10th Aug

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