Articles – Property & Landlord / Tenant Law

Derogation from grant is a common law concept requiring a grantor (the person who grants the benefit) not to do anything that substantially deprives the grantee (the person who has the benefit of the grant) from the enjoyment of the benefit granted for example an...

It is common for a boundary dispute to arise as a result of one owner erecting a new boundary fence not on the established boundary line (that may have been there many years) but where they claim the legal boundary line should be. Often the party moving the boundary...

Disputes frequently arise concerning the location of the boundary between two neighbouring properties where one party believes that the other has encroached on their land. According to the Royal Institute of Chartered Surveyors disputes about boundaries (and related...

Obstruction or wrongful interference with an easement such as a right of way can give rise to a claim in nuisance.   Generally, in these types of cases the remedy sought in court will be for a declaration and an injunction either for an order prohibiting a...

The courts have held that a right to park on land is capable of being an easement (a right to cross or otherwise use someone else's land for a specified purpose) provided it meets the requirements for easements by prescription. Unlike most other types of easements...

Owners of land subject to a right of way (servient land) often wrongly assume that they can unilaterally vary the route of the right of way over their land by providing an alternative route and blocking the original route of the right of way. It is only possible to...

An easement is a right that benefits one piece of land (the dominant land) over another piece of land (the servient land). Easements can either be made expressly by way of a deed of grant or they can be created by prescription and pursuant to the Doctrine of Lost...

Easements and Covenants affect land and are a means of granting rights or imposing obligations over neighbouring land. It is necessary when buying or seeking to develop land to be clear as to what easements or covenants bind or benefit your land such as, for example,...

Purchasers should be aware of covenants affecting freehold land particularly if they intend to develop the land. Covenants are classified as either restrictive (negative) or positive in nature and what can appear to be a restrictive covenant on the face of it may well...

When buying registered land or property you can check whether it is subject to any restrictive covenants. Details of any restrictive covenants will be set out in the Charges Register of the office copies for the title number of the property or land. It will set out...

A nuisance arises when another’s act or failure to act affect the way you enjoy your property. Generally, a nuisance is seen as anything that hurts, causes inconvenience or damage to your property or enjoyment of it. Examples of nuisance can range from noise pollution...

A right of way is an easement that benefits the land and is a right exercised over land that belongs to another person. The right is not personal to an owner of land but is a right conferred on the land itself. However, it must be a right and not be confused with a...

The Party Wall Act (1996) provides that you must obtain the written consent from the owners of a neighbouring house before commencing certain building works. The Act relates to the construction and repair of walls on the line of the junction as well as any adjacent...

Adverse possession is the process by which one person (the squatter) may claim legal title to land owned by another (the owner) through possession of the land without the owner’s permission for a set period of time. There are two essential elements in establishing...

Adverse possession requires factual possession of the land with the necessary intention to possess and without the owner’s consent. In order to apply for adverse possession there is a need for both elements to be present namely a sufficient degree of physical custody...

 Right of Way Easement Even when there is no express easement granted under a deed it may still be possible for a property to have the benefit of an easement by implication over another’s property. If certain criteria are met that comply with the rule in Wheeldon v...

An injunction is a remedy that is draconian in its nature and discretionary. Where a court orders an injunction it will in effect require an individual to do something (mandatory injunctions) or cease to do an act (prohibitary injunctions) for a particular time or...

Business Tenancy Act 1954 When a lease of a business premises comes to an end it could cause difficulties if the business is forced to move. The Landlord and Tenant Act 1954 protects the business by giving the tenant a right to apply to the court for a new lease. In...

The grounds for opposing a new business tenancy are set out in section 30(1) of the Landlord and Tenant Act 1954. The landlord can only rely upon the grounds he has specified in the notice served terminating the tenancy (section 25 notice). If the landlord sells his...

Forfeiture is the most common method used by landlords for ending commercial leases when the tenant is in breach of the lease. However, caution must be taken before doing so as generally a lease cannot be forfeited unless there is non- payment of rent. It is important...

Home Insurance Legal Cover litigation Litigation is usually expensive and knowing how to fund your case is important. Often your home insurance policy may cover you. If you look at your home policy you may find that you are entitled to amongst other things, legal...

The standard of care required of a surveyor or valuer is that of the ordinary skilled man in that profession exercising the same skill himself. Whether the standard has been complied with will be determined taking into account the circumstances of each case and the...

It is general practice for surveyors to seek to limit their liability by inserting clauses into their terms and conditions limiting the extent of liability owed to particular person ie third parties and seeking to set out and limit the scope of particular services....

Non-disclosure agreements signed by hostesses at the Presidents Club (a male networking club) held at the Dorchester Hotel have focused attention on the issue of whether a confidentiality agreement can ever be enforced. A non-disclosure clause is common in employment...

New build leaseholds are where leaseholders own their homes for a fixed period of time on a lease to a freeholder but many have long leases and experience no problems. A new build lease is a written document containing clauses that govern the parties’ respective...

Careless, inadequate or inaccurate advice can give rise to a professional negligence claim where a client has suffered damage as a result. A professional firm or adviser owes a duty of care to the client and in some cases to third parties. There is no distinction...

Planning laws and regulations have been relaxed in recent years thus encouraging the building of extensions and conservatories. The idea is to temporarily remove planning permission requirements that are also expected to apply to lofts and garages. The relaxation of...