Neighbour disputes

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Practice notes
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...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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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9th Nov
Practice notes
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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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
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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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Neighbour disputes content

Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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8th Apr
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 8th Apr
Practice notes
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...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...
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8th Apr
Practice notes
Damage and disruption caused by building works are usually the subject of a claim in trespass, nuisance or negligence. This Practice Note briefly...
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8th Apr
Practice notes
High hedgesPart 8 of the Anti-Social Behaviour Act 2003 (ABA 2003) empowers local authorities (LAs) to deal with complaints in respect of high...
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8th Apr
Practice notes
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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8th Apr
Practice notes
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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8th Apr
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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12th Mar
Practice notes
Japanese knotweed locationsJapanese knotweed can be found almost all over the country. It can readily grow in nutrient-poor or contaminated soils,...
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Produced in partnership with Phlorum and Groundsure 9th Mar
Practice notes
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...
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9th Mar
Q&As
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...
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11th Feb
Q&As
‘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...
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11th Feb
Q&As
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...
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22nd Jan
Q&As
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...
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22nd Jan
Q&As
The right to cut branches from a neighbour’s treeThe courts have held that where the branches of a tree overhang a neighbour’s land, the neighbour...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan

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