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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.

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Latest Property Disputes Q&As

Q&As
Land was sold by (A) in 2009 to a client’s subsidiary (X), and then transferred to the client (Y). In 2016 a comment was made by a third party notifying Y of an oil spill which occurred during A’s ownership and was known by them. A represented that there was no contamination of land on sale. Is there an extended limitation period from the point at which X became aware of the misrepresentation? Can Y make a claim against X for the remediation costs in order that X can in turn sue A?
Q&As
A solicitor failed to register a property transfer, which was only discovered 12 years later, when the claimant sought to sell the property. The claimant raised this with the defendant who promised to remedy the negligence by obtaining registration. This never happened. What happens to limitation in these circumstances? Does limitation run from the date of knowledge or can this be extended to run from when the solicitor made the promise to remedy the negligence?
Q&As
A cohabiting couple live on a jointly-owned houseboat. The relationship has deteriorated and one party now wishes to sell the boat, but the other is refusing. Can an application be made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) in these circumstances? If an application cannot be made under TOLATA 1996 what steps can the party take to obtain an order for sale of the boat?
Q&As
The landlord ("L") is a local authority. L has purchased land for redevelopment. There are some tenants on the land who occupied various residential premises under Assured Shorthold Tenancies ("ASTs"). The tenancies would cease to be ASTs as they do not meet the qualifying criteria set out by the Housing Act 1988. However, paragraph 3(1) of Schedule 1 of the Housing Act 1985 would also seem to apply; the tenancies would not become "secure tenancies" as L has purchased the land to develop. Accordingly, what effect does this have on the tenancies? ie if they are not ASTs or secure tenancies, what are they?
Q&As
What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?
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Associated legal terms

Accelerated Possession Proceedings

/əkˈsɛləreɪt/ /pəˈzɛʃ(ə)n/ /prəˈsiːdɪŋz/

Proceedings governed by CPR Part 55 to recover possession of a property let on an assured shorthold tenancy where possession only is sought (ie no other claim, such as for unpaid rent is made). The proceedings are usually dealt with on paper, without the need for a hearing.

Continuing trespass

Continuing trespass describes an unlawful interference with land, buildings or goods that is not merely momentary but persists over time, for example where a person remains on land after permission is withdrawn, or leaves an object or structure in place without consent. It is a descriptive common law expression recognised in case law rather than a defined statutory term, and is used broadly consistently across England and Wales, Scotland, Northern Ireland and Ireland (though Scottish law more often uses the language of “intrusion” or “encroachment”).

Key legal features include: a single wrongful act that results in a state of affairs which continues (such as leaving a vehicle or fence on another’s land), or a failure to remove something once the duty to do so arises. Each day the trespass continues can give rise to a fresh cause of action, affecting limitation periods and the calculation of damages.

In practice, continuing trespass is important in property litigation, boundary disputes, nuisance claims, commercial real estate, and injunction applications, where claimants seek ongoing remedies (such as mandatory injunctions or removal orders) rather than compensation for a one-off trespass.

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.
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