Property

I often explain to clients that, contrary to popular opinion, much of a lawyer’s time is spent advising people on how to keep out of court rather than encouraging them into it.  If nothing else, and as any lawyer worth their fee…

Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) Claims: review of how the Courts determine an individual’s (beneficial) interest in land  Where there is a dispute about the extent of an individual’s interest in (real) property there are the usual…

Rachel Baker offers tips and guidance for litigants in person facing remote civil court hearings during the Covid-19 pandemic Since March 2020 lawyers have been working in unprecedented circumstances. Our traditional (and some might say outdated!) ways of working have been pushed…

Paul Ashwell explains how to find the official information about yours and your neighbours’s properties. The first step when there is a dispute is to find out what is registered at The Land Registry. You can get this by going to the…

Arbitration and Mediation are the two main forms of Alternative Dispute Resolution (ADR). There is no ‘one size fits all’ form of ADR. Every case is different. Every party has different needs and objectives. Below we’ve set out some key information which…

First, an important warning. Under section 1(2) of the Protection from Eviction Act 1977 (“the 1977 Act”) it is a criminal offence for any person to unlawfully deprive (or even attempt to deprive) a residential occupier of any premises of his occupation…

There’s a housing shortage. New homes need to be built. But what are your rights if a developer with planning permission to build 20 homes next door to you wants to build 30 instead? Should you make a legal challenge or use…

How can you most effectively oppose a planning application that you fear will harm the peace and quiet of your home? Countryside residents were concerned by an application for an application for planning permission to provide hard standing pitches for travellers. They…

Neighbours can fall out over boundaries. Where was the original boundary? Was it straight? Has a fence or wall been replaced? Is there a hedge or trees on the boundary? Has the boundary moved? Is there a trespass? Restrictive covenants (legal restrictions…

Covenants are binding agreements or promises to do or not do something. Residential and commercial leases contain many covenants. Freehold property titles of both residential houses and commercial premises may also contain covenants. What constitutes a breach of covenant? A landlord might claim…

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