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.
The following Local Government news provides comprehensive and up to date legal information on Microwave alone insufficient to amount to ‘cooking facilities’ in HMO test (Oxford Hotel Investments Ltd v Great Yarmouth BC)
The following Private Client news provides comprehensive and up to date legal information on Proprietary estoppel and unenforceable land contracts (Conway v Conway)
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...
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of an injunction, how damages are assessed and what happens if the beneficiary delays in claiming for the breach.Damages or injunction—the testThe primary
Easements—actionable interferenceThis Practice Note covers wrongful interference with an easement as a private nuisance, what constitutes an actionable interference, alteration and deviation of rights of way, whether a beneficiary can be estopped from objecting to an interference due to
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
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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