About Property Disputes Law
Lexis+ Property Disputes helps you to understand property disputes practice and procedures and the implications of legislation and case law on this. Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary and our daily news feeds and weekly highlights keep you informed of new cases, legislation, and commentary.
Business tendencies
Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Forfeiture
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Electronic Communication Code
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Property disputes
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
Topics We Cover
Latest Property Disputes News
The Regulator of Social Housing (RSH) has published its 2026 financial forecasts of private registered providers, showing record planned investment in...
This week's edition of Property Disputes weekly highlights includes: High Court decisions on the apportionment of rent following a partial vesting of...
HM Courts and Tribunals Service (HMCTS) has published a collection of Business and Property Division forms which contains links to forms for use in...
The Home Office and UK Visas and Immigration have updated the statutory right to rent codes of practice and the landlord’s guide to right to rent...
The Ministry of Housing, Communities and Local Government (MHCLG) has announced plans to legislate for caps on permission fees charged to leaseholders...
Latest Property Disputes Practice Notes
This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987, including the circumstances in which the right of first refusal...
This Practice Note explains the framework established by the Online Procedure (Rules and Practice Directions) Rules 2026, SI 2026/696 (OP Rules 2026),...
This Practice Note sets out what to include when drafting a claim form in a Part 7 claim. It explains what the claim form is and why it is required...
For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient...
This tracker sets out key upcoming developments relevant to Scottish property lawyers, including appeal cases, implementation of key legislation,...
Latest Property Disputes Precedents
Applicant: [insert initials and surname], [insert number of witness statement eg 1st] Exhibit: [insert exhibit description] Date: [insert date of...
INSOLVENCY ACT APPLICATION NOTICECASE NO: [insert case number][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISIONINSOLVENCY AND COMPANIES...
[On the headed notepaper of the creditor’s solicitors]Our ref: [insert]FAO [Insert name][Name of debtor’s solicitors][Address line 1][Address line...
This is an example of a guide which can be sent to clients. It is intended to provide general information about how rent payable under an assured...
This is an example of a guide which can be sent to clients. It provides general guidance regarding opposed business lease renewals under the Landlord...
Latest Property Disputes Q&As
Featured Property Disputes content
Private nuisance—general principles
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liability
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 agreements
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 lease
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 covenants
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to complete
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenancies
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistake
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignment
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double value
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Trespass—remedies
Trespass—remediesThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Return or forfeiture of a deposit
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of law (implied surrender)
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistake
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of lease
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
Associated legal terms
Encroachment
Encroachment describes one person’s land, building or rights extending unlawfully into, over or under another’s land. In practice this includes boundary structures (such as walls or fences), buildings erected partly on a neighbour’s land, overhanging eaves or gutters, underground foundations, or works interfering with rights of way or other servitudes/easements.
Across England & Wales, Scotland, Northern Ireland and Ireland the term is used descriptively in property, real estate and neighbour disputes rather than as a tightly defined statutory concept. Its legal treatment relies mainly on land law, trespass, nuisance, easements/servitudes, adverse possession and specific statutory regimes (for example, party wall or building control legislation).
Key issues include: whether the encroachment constitutes a continuing trespass; available remedies (injunction or interdict, removal or alteration works, damages/compensation, or boundary rectification); limitation and prescription; and the impact on title, registration and marketability of land.
In Scotland, encroachment also arises in relation to real burdens and servitudes and has a developed case law on remedies. In all four jurisdictions, encroachment is a common focus of boundary disputes, professional negligence claims and due diligence in property transactions.
Peaceable reentry
A method of forfeiture where the landlord physically re-enters the premises by manifesting its intention to forfeit the lease, usually by changing the locks.
Torts Notice
Notice served pursuant to the Torts (Interference with Goods) Act 1977, where goods have been left behind at lease expiry (commonly following forfeiture). It imposes an obligation on a former tenant to collect the goods and allows the landlord to sell the goods, if the tenant fails to do so.
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