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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...

Parcel of Land Acquired by Adverse Possession, UT Rules

The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...

Homeowner Triumphs in Boundary Dispute With Neighbours

A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...

Owner of New-build Home With Unsuitable Foundations Awarded Damages

A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...

Homeowner's Application to Alter Register Succeeds

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

FTT Considers Whether Tenants Liable for Access Road Repairs

It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...

Homeowner's Appeal Against Rectification of Title Succeeds

The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...

Couple Not Entitled to Vesting Order in Property Held by Company

All land in England ultimately belongs to the Crown. In a recent case which serves as something of a cautionary tale , a couple who were the directors and shareholders of a company that had owned a property when it was dissolved have been unsuccessful in...
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