Explore the legal landscape of easements and covenants, vital components in property law. This topic offers expert guidance on managing rights and obligations that affect land use and ownership. Delve into the intricate aspects of rights of way and water, access to sunlight, and other specific privileges affecting property. Equip yourself with the expertise to navigate and resolve these often-contentious issues efficiently and effectively.
This week's edition of Property Disputes weekly highlights includes: publication of statutory guidance on Renters’ Rights Act 2025 requirements, High...
Dispute Resolution analysis: The Court of Appeal has confirmed that paying the wrong court issue fee does not prevent a claim being 'brought' for the...
The Ministry of Housing, Communities and Local Government (MHCLG) has published an official Information Sheet to support implementation of the...
This week's edition of Property Disputes weekly highlights includes: the passing of the Building Safety (Wales) Bill, a Court of Appeal ruling on the...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
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...
Interpreting restrictive covenantsThis Practice Note looks at how restrictive covenants are interpreted, and examines the meaning of some common phrases found in covenants.Approach to construction of covenantsRestrictive covenants are construed in the same way as contracts. The court must identify
An individual has had uninterrupted use of land for over 20 years but the use is then interrupted for a significant period (3–4 years). Would this interruption defeat a claim for a prescriptive easement? If it would not, is there a time limit within which the claim must be brought from the date of
If a lease excludes section 62 of the Law of Property Act 1925, does this prevent a leaseholder from acquiring a right to light?The benefit of a right to light already acquired by the landlord at the date of grant of the lease (or in the process of being acquired by the landlord) can be passed to a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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