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The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decision on the qualifying period for adverse possession (Brown v Ridley)
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves substantial interference with the claimant’s ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference with the use/enjoyment of land•public nuisance—an unlawful act/omission causing widespread harm•‘the rule in Rylands v Fletcher’ (‘non-natural’ activity
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 right to lop is an ancient right to abate a
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?The Access to Neighbouring Land Act 1992 enables the court, in certain circumstances, to make an order allowing access to land (the
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