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When a Covenant May Be More Than it Seems

If you own or buy a property, you may find that there are covenants which apply to it, a covenant being a requirement to do something or refrain from doing something with your property. A covenant will benefit other property in the vicinity. Typically, a...

Tribunal Paves the Way for Suburban Garden Development

Restrictions on land use appear in the title deeds of many properties – but the law permits their deletion or modification if they become obsolete over time or stand in the way of reasonable development. Exactly that happened in one case in which the...

Thinking of Dispensing With Legal Advice on a House Sale? Think Again!

Home-made contracts, particularly for the sale of land, are a singularly bad idea and can lead to costs that dwarf the modest sums needed to secure proper professional advice. Exactly that happened in one case in which a house purchase contract was so...

Fraud Victim Sacrificed His Home by Delay in Seeking Legal Advice

If you have a legitimate legal complaint, any delay in consulting a solicitor is highly likely to benefit the wrongdoer. A man whose home was taken from him by fraud, but who delayed over 20 years before taking legal action, found that out to his cost. The...

Hedge Cutting Proves Costly

You might think that where the boundaries of property lie should be clear, but boundary disputes are a fruitful source of argument in the courts. A recent case arose when, between contracts being exchanged on a property and the completion of its purchase, a...

Leasehold Reform Consultation Ends

The leasehold system in the UK has been crying out for reform for years, and the Government has decided to tackle the issues through the medium of a new consultation paper called 'Fixing our broken housing market'. The chief target for the Government has...

The Sky Above and the Earth Below

A recent case may raise alarm bells for anyone thinking about adding a basement to a property which is divided. It involved a terraced house which was converted into two flats. The top two floors of the property were owned by the freeholder. The owner of...

Your Home May Be Your Castle But Planning Rules Must Be Obeyed

The widespread belief that 'an Englishman's home is his castle' can all too easily lead the unwary into breaching planning rules. That was certainly so in a case concerning a householder who found herself in serious trouble after splitting her home into...

Credibility of Witness Defeats Adverse Possession Claim

The law allows people who occupy land over a long period and use it as their own, without anyone else asserting ownership rights to it, to apply to have their title to it registered at the Land Registry. This is normally called 'squatter's rights' and...

Residents' Association Pays Price for Failing to Take Professional Advice

Many blocks of flats are managed by a residents' association, which has the great advantage of affording tenants democratic rights of self-determination. However, as a decision of the Upper Tribunal (UT) showed, such bodies bear onerous, and often complex,...
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