Gain expertise in the nuances of trespass and adverse possession, crucial for any property law specialist. This topic offers valuable knowledge on how to address unauthorised land use and claims of ownership through prolonged occupation. Our practical resources provide thorough expertise on handling these intricate matters, ensuring practitioners are well-prepared to manage adverse possession cases with confidence and precision.
Property Disputes analysis: In Durkan Estates Ltd v Wallace Estates Ltd, the TCC refused summary judgment on whether delay in performing a Building...
This week's edition of Property Disputes weekly highlights includes: a High Court decision regarding the validity of a surrender agreement and Upper...
Restructuring & Insolvency analysis: The High Court sanctioned Poundstretcher’s Part 26A restructuring plan, using cross-class cramdown (CCCD) to bind...
Dispute Resolution analysis: A critical review of the Court of Appeal's landmark judgment in Salinas Pliego & Another v Astor Asset Management 3 Ltd,...
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...
What is the reliability of having a statement of truth as opposed to a statutory declaration in the context of an adverse possession claim? The Land Registry’s guidance states that statements of truth are acceptable for use in adverse possession claims in the place of statutory declarations. Would
Trespass—claims and defencesThis Practice Note covers what trespass to land is, including trespass in relation to minerals and airspace, trespass by a tenant after expiry of a lease, continuing trespass, who can bring a claim, the necessary elements for actual possession and the possible defences to
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
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