Trespass is the unlawful presence of a person on land or buildings in the possession of another, including: • wrongfully setting foot on or riding or driving over it, and • taking possession of it or expelling the person in possession See Practice Note: Trespass—claims and defences. The methods of regaining possession from a trespasser which are available to a landowner include: • physical repossession • arrest of the trespasser by the police for a criminal offence • injunction (including quia timet and interim injunctions) • possession claim (including a claim for an interim possession order) In addition to the above remedies which are available for regaining possession, a landowner

Wrongful interference with an easement is a private nuisance. A right of way does not grant exclusive use of the land so not every obstruction or limitation on its use will be an actionable nuisance. As explained in Practice Note: Easements—actionable interference, there is no cause of action unless there is substantial interference with the enjoyment of the easement as reasonably required by the person with the benefit of it. This is measured by reference to convenience, rather than necessity, or even reasonable necessity. So if an obstruction interferes with a particular mode of exercise of the right which

An underlease that is granted for as long, or longer, than the original lease operates as an assignment and not as an underlease. In this scenario, party A would effectively transfer its entire interest in the lease to Party C, and Party A would no longer have any reversionary interest in the property. There is an exception

In Re Ellenborough Park the Court of Appeal set out the essential conditions for the creation of an easement: there must be a dominant tenement and a servient tenement; the easement must accommodate the dominant tenement; the owners of each tenement must be different persons; and the right must be capable of forming the subject-matter of the grant. In Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd the Supreme Court considered the extent amongst other things of the fourth limb of the test, and took the view that the common law should as far as possible accommodate itself to new types of property ownership and ways of enjoying the use of land.

Cohabitants have no legal status as a couple. Accordingly, prior to death, their rights in relation to any jointly-owned property depend upon a strict property-owning analysis of the relevant circumstances (and there is nothing akin to the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 which apply to cohabitants on relationship breakdown). Upon the death of one of the cohabitants, issues may arise under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The correct starting point will be the property-owning

Unregistered land is that which is yet to be registered with HM Land Registry. As such, there are no Official Entries for the land and disclosure of documentation cannot be sought from the Land Registry. If Party B fails to comply with a court order to deliver the title deeds in respect of unregistered land to Party A, they should apply to the court for enforcement on the basis that Party B has failed to comply with the order. Part 70 of the Civil Procedure Rules sets out the process for enforcements. CPR 70.2A, states: ‘(1) In this rule 'disobedient party' means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract. (2)

In this Q&A, it has been assumed that there is no scenario involving principal and agency as between the supplier, party B, and the manufacturer, party D, such that there is no suggestion that party B was acting with party D’s authority in the sale to party A and that there are no contractual provisions which might therefore arise as between party A and party D. Party

For the purpose of the distinguishing between the residential standard rates and non-residential rates, ‘residential property’ means— • a building that is used or suitable for use as a dwelling, or is in the process of being constructed or adapted for such use, and • land that is or forms part of the garden or grounds of such a building, or • an interest in or right over land that subsists for the benefit of such a building or such land ‘Non-residential property’ means any property that is not residential property. Similar,

Assuming that the registered proprietor of the adjoining property has properly completed the sale of his interest to Party B, title to the adjoining property would appear to be in the ‘registration gap’—which is the period of time between completion of the transfer of a property (the legal process of transferring the title to the property as between vendor and purchaser) and the subsequent entry of the transaction on the register of title at HM Land Registry, thereby effecting the transfer under section 27(1) of the Land Registration Act 2002 (LRA 2002). LRA

Where there are multiple parties to litigation, and various different permutations of liability, it may become the case that one party is speaking to multiple other parties with a view to a negotiation of the settlement of liability that arises between each. It may sometimes be the case that such negotiations are extremely sensitive, particularly where one party may settle that aspect of the dispute in which they are implicated, but by such settlement may potentially become liable to another party, for example by way of a contribution or indemnity; alternatively the settlement might include an indemnity

It is assumed that the invoices relate to a single contract entered into between the supplier and the sole trader and payable by instalments. This contract has been taken over by the company on the incorporation of the sole trader’s business. Whether or not the sole trader remains personally liable under the contract, depends on whether there has been a novation or an assignment of the contract from the sole trader to the company. Novation occurs when X and Y are party to an agreement and Y ‘transfers’ its obligations and rights under the agreement to Z, such that Z can be said to ‘step

This response focuses on the perspective of party A and assumes that no personal data will be passed from party A to party B (or vice versa) or otherwise be processed by party B. It also assumes that the marketing communications sent to customers on party A’s own database will clearly be identifiable as being sent from party A, even though they will feature party B’s products. We are not aware of any current guidance on the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) regime from the Information Commissioner’s Office (ICO) or European Data Protection Board (EDPB) which directly answers your query but we hope the following is useful to your research. The ICO’s guidance, Direct Marketing, mentions this scenario briefly as follows (paragraphs