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.
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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
What’s the limitation period for a trespass to land, and does limitation start from the date a continuing trespass began or does it renew each day?A claim of trespass to land is barred by lapse of the statutory period of limitation, which, except in certain specified cases, is six years from the
Establishing adverse possession of landThis is one of four Practice Notes on adverse possession. The others are:•Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925•Claiming title by adverse possession under the Land Registration Act 2002•Adverse
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
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