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Restrictive Covenant Modified to Allow More Than One Dwelling

At the third time of asking, the Upper Tribunal (UT) has granted an application to modify a restrictive covenant to permit a second dwelling to be built on a plot of land. The land, on which a small partly thatched cottage had originally stood, had been...

Couple Established Adverse Possession Over Strip of Land

Disputes over ownership of land all too often become protracted and lead to costs out of proportion to the value of the land involved. Recently, the Upper Tribunal (UT) ruled on a dispute over a strip of land with an area of just 2.2 square metres. The...

Tenant's Right to Apply to Postpone Possession Frustrated

Where a mortgage lender claims possession of a property that has been let without the lender's permission, the Mortgage Repossessions (Protection of Tenants etc) Act 2010 gives tenants the right to apply to the courts to postpone the date for delivery of...

The Renters' Rights Act 2025 - Changes for Tenants

From 1 May 2026, changes brought in by the Renters' Rights Act 2025 will provide more rights and better protection to tenants in the private rented sector. Changes introduced by the Act include: The abolition of assured shorthold tenancies. All...

Council Orders Couple to Remove Garden Fence

A couple who installed a fence around their house in place of a hedge have been ordered by the local council to remove it because it is too tall. The couple had bought the house in April 2024 and moved in four months later. While the house was being...

Certificate of Lawful Development Granted for Annexe

A woman has succeeded in obtaining the right to continue living in an annexe next to her son's house. The annexe was situated on a farm the woman owned and had originally been a stable block. When planning permission to convert it into an annexe was granted...

Ruling that Driveway Included in Conveyance Overturned

When disagreements arise between neighbours about the ownership of land, it is invariably best to try to reach an amicable solution rather than engage in litigation. In an unusual case concerning the ownership of a driveway , the Upper Tribunal (UT)...

Tenant Defeats Landlord's Claim for Possession of Property

Under Section 21 of the Housing Act 1988 , landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be...

Government Guide to Property Boundaries

A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...

Restrictive Covenant Modified to Allow Construction of Bungalow

The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...
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