Trespass

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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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19th May
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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19th May
Precedents
To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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19th May
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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19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
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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19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
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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19th May
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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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Trespass content

Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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11th Jun
Practice notes
Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...
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11th Jun
Practice notes
Injunctions against persons unknownThis Practice Note is concerned with injunctions against defendants who cannot be identified, typically referred to...
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11th Jun
Q&As
What legal action can be taken for livestock (cattle) that have been moved onto land not belonging to the owner of the cattle, ie trespassing cattle?...
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6th Jun
Q&As
Where a defendant in a boundary dispute fails to comply with an order requiring it to build a wall, how can the claimant enforce the order?Where a...
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6th Jun
Q&As
Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...
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6th Jun
Q&As
If a landlord re-enters a property following a final possession order to evict squatters and some possessions have been left in the property, is the...
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Produced in partnership with Kate Andrews of Hamlins 6th Jun
Q&As
Can a chargeholder issue possession proceedings against persons unknown who are squatting in the property if the owner does not wish to commence...
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6th Jun
Q&As
What are the procedures for regaining possession of a commercial property from squatters/trespassers? Are there any other powers available to a local...
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5th Jun
Q&As
Where the dominant owner has an express right of way at all time for all purposes, can the dominant owner use a wider part of right of way to turn...
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Produced in partnership with Emma Preece of Charles Russell Speechlys 5th Jun
Q&As
How can an action for trespass to land be brought and who should be the claimant in such a claim?The concept of possession is crucial to our system of...
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5th Jun
Q&As
Would a situation where a tree has been cut down in one garden and left in another neighbour's garden constitute a nuisance? Would damages be the most...
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5th Jun
Q&As
If a neighbour’s stable door opens onto our client’s property, is that trespass, or is there an implied right to open such a door?Trespass to land is...
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Produced in partnership with Emma Preece of Charles Russell Speechlys 5th Jun

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