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An easement is a right over someone else’s land, such as a right of way. Once granted, rights of easement are frequently forgotten about, but a recent case shows the importance of making sure that an easement does not lapse through disuse. It...
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Those who buy new homes 'off plan' now have significant new protection under the Consumer Code for Home Builders , which came into affect on 1 April 2010. The Code requires builders of houses to keep buyers informed of the progress of the construction...
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An owner of an estate was recently successful in preventing the creation of a public right of way, thanks to a previous owner who had disputed a planning enquiry nearly 30 years previously. The dispute involved a pathway which a local planning...
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A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel...
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If landowners allow other people to use their land over a long period, they may lose the right to prevent such use in the future. An 'easement' (the right of use over someone else’s property) is created when use of...
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Although we have become used to the Government announcing initiatives which never see the light of day (or announcing them as new initiatives months or years later), the news that Home Information Packs (HIPs) have been scrapped by the new Government will...
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When someone must cross a piece of someone else’s land to access their own, the land crossed is known as a ‘ransom strip’, because the price which must be paid for the right to cross the land is often heavy. In a recent case, two...
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The Court of Appeal has overturned the ruling that a boat owner who had moored his boat to the river bed of the Thames had acquired legal title to the land. The Court accepted that it was possible to acquire the title by adverse...
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A recent planning case in the Court of Appeal produced what the judge described as a ‘surprising outcome’. Alan Beesley had been granted planning permission by Welwyn Hatfield Council to build a barn on green belt land, for agricultural use...
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It is normal for properties to contain covenants of different sorts and one which is common in residential estates is a covenant not to do anything which causes a nuisance to nearby property owners. The Court of Appeal recently had to consider whether such...
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Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...
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In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI). Michael Redpath had...
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After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case. ...
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An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the condition that use was...
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Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of...
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Where an agreement is entered into as a result of a misrepresentation, the court can order the agreement to be set aside. This recently benefited a wife who entered into an agreement which meant that her sole beneficial interest in the family home was...
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When an easement exists over land, as a general rule it cannot compel the landowner to do anything, it can only prevent them from stopping something being done. This proved the undoing of a developer, who bought a piece of land, intending to...
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In a recent case involving an attempt to rescind a contract to purchase a leasehold property, the High Court ruled that where a special condition of sale is written into a contract and this is inconsistent with the usual standard conditions of sale, the...
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A landlord who decided to go for a stroll when the hearing of his case was delayed was left to count the cost of the judge’s displeasure recently. During the hot weather last July, the landlord, who was contesting his tenant’s right to have her...
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A case dealing with the parking rights relating to three adjoined houses (all part of a development of older agricultural buildings) has been decided by the Court of Appeal. It has implications for developers of similar properties, such as barn conversions. ...
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After a property has been used in contravention of planning law for ten years, the owner can apply for a certificate of lawful use to legitimise the new use. (If the breach of planning law relates to an unauthorised structure or an...
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If you are a landlord, it is vital that you are aware of the requirement, introduced in April 2007, that all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be...
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Following a change in the law, a tenant can no longer have the status of a ‘tolerated trespasser’. Under the old regime, a tenant who had defaulted on their rent could, by paying the rent after a possession order had been made, become a...
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If you are considering building an extension to your property, you may think that it is simply a matter of getting planning permission and finding a builder. A recent case shows, however, how important covenants affecting property can be in determining...
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The Health and Safety Executive (HSE) has issued a warning to landlords to make sure that gas appliances are maintained in a safe condition. The call came following the successful prosecution of a landlady who had failed to ensure the safety of gas...
