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,...
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...
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 details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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...
‘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...
Private nuisanceA private nuisance is an interference with the use or enjoyment of land that causes injury in relation to an ownership right in that...
A tree preservation order (TPO) is made by a local planning authority (LPA) under section 198 of the Town and Country Planning Act 1990 and prevents...
The Access to Neighbouring Land Act 1992 (ANLA 1992) provides for the making of a court order allowing access, but only in very limited circumstances....
Is a tree a plant or a hedge?Certainly the common botanical definition of ‘tree’ would suggest that a tree is a type of plant, but we have been unable...
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