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Latest Property Disputes News

Questions around the proposed arbitration process for coronavirus rent arrears

The following Property Disputes news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Property Disputes weekly highlights—22 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—22 July 2021

Featured Property Disputes content

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

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

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

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...

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...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

19th May

Precedents

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...

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...

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...

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...

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:...

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...

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...

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...

19th May

COVID-19

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...

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...

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...

19th May

Most recent Neighbour disputes content

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...

22nd Jul

Practice notes

Neighbour disputes—building works and harassment

Neighbour disputes—building works and harassmentDamage and disruption caused by building works are usually the subject of a claim in trespass,...

9th Jul

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...

9th Jul

Q&As

Can someone be held liable for five years’ crop loss and be forced to erect a fence if rabbits from their land have been damaging the neighbour's crops? Can the individual be held liable regardless of the gravity of the damages incurred, or is there a minimal damage threshold?

Can someone be held liable for five years’ crop loss and be forced to erect a fence if rabbits from their land have been damaging the neighbour's...

Produced in partnership with Desmond Kilcoyne 16th Jun

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...

11th Jun

Practice notes

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...

11th Jun

Q&As

The branches of trees planted on property X overhang property Y. Can the owner of property Y require the owner of property X to cut the overhanging branches?

The branches of trees planted on property X overhang property Y. Can the owner of property Y require the owner of property X to cut the overhanging...

Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun

Q&As

If A grants a verbal licence to B to build a garage on A's land for B's sole use, what is the position in respect of the garage when B sells his adjoining property if the licence is silent on this issue? Does the use and ownership of the garage pass to the new owner?

If A grants a verbal licence to B to build a garage on A's land for B's sole use, what is the position in respect of the garage when B sells his...

Produced in partnership with Desmond Kilcoyne 6th Jun

Q&As

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 6th Jun

Q&As

Where there is a discrepancy between the boundary location of a property as-built and the location of the boundary as indicated in proposed site layout plans used in the conveyancing of the properties in question, which of the boundary locations take preeminence?

Where there is a discrepancy between the boundary location of a property as-built and the location of the boundary as indicated in proposed site...

Produced in partnership with Nicholas Grant of Landmark Chambers 6th Jun

Q&As

Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and safety risk, who is responsible for repairing the fence?

Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and...

6th Jun

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,...

6th Jun

Q&As

A long leaseholder of a property in an ‘over 55s community’ has sublet to a person who is not over 55 and who is causing nuisance. What remedies do the other leaseholders have to resolve this?

A long leaseholder of a property in an ‘over 55s community’ has sublet to a person who is not over 55 and who is causing nuisance. What remedies do...

6th Jun

Q&As

Can a landlord be held liable for its tenant causing a nuisance by smells, given they are neither the occupier of the land nor have authorised or permitted the nuisance?

Can a landlord be held liable for its tenant causing a nuisance by smells, given they are neither the occupier of the land nor have authorised or...

6th Jun

Q&As

Where a defendant in a boundary dispute fails to comply with an order requiring it to build a wall, how can the claimant enforce the order?

Where a defendant in a boundary dispute fails to comply with an order requiring it to build a wall, how can the claimant enforce the order?Where a...

6th Jun

Q&As

In the context of a lease prohibiting pets in a flat, is there any case law on the interpretation of the words 'which may cause a nuisance'?

In the context of a lease prohibiting pets in a flat, is there any case law on the interpretation of the words 'which may cause a...

6th Jun

Q&As

Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather than for maintenance?

Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather...

6th Jun

Q&As

My client owns a section of land which abuts a main road and wishes to plant a hedge between the road and the property and requires advice as to exactly where the hedge can be positioned. Should they make an application to the Land Registry to have the boundary determined and can a general presumption be relied upon?

My client owns a section of land which abuts a main road and wishes to plant a hedge between the road and the property and requires advice as to...

6th Jun

Q&As

Advice is required for a client who wishes to enforce a restrictive covenant in respect of his neighbour’s land. The covenant provides that owners of the neighbour’s land cannot construct any fence nor allow any hedge or other plants to grow above a height of 2m. The neighbour has planted trees which are over 2m in height and argues that this is not in breach of the covenant because they are trees (and not plants or hedges) and it is not a restrictive covenant but a positive one.

Advice is required for a client who wishes to enforce a restrictive covenant in respect of his neighbour’s land. The covenant provides that owners of...

6th Jun

Q&As

In a claim relating to nuisance caused by neighbouring tree roots, what would be the impact of a tree preservation order (TPO) on the tree in question? Is the presence of the TPO a defence for failing to maintain/remove the tree?

In a claim relating to nuisance caused by neighbouring tree roots, what would be the impact of a tree preservation order (TPO) on the tree in...

5th Jun

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Neighbour disputes

View Property Disputes by content type:

Latest Property Disputes News

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Property Disputes weekly highlights—22 July 2021

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

Breach of Missives—remedies in Scotland

Remedies for breach of restrictive covenants

Most recent Neighbour disputes content

Popular documents

179. List of offences triable either way.

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Mediation—advantages and disadvantages

Derivative claim—what it is and when to use it

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