In this recent case, the Supreme Court looked at the leading case on easements (In re Ellenborough Park) and reconsidered it in a modern context and in relation to recreational and sporting easements … [Read more...]
Firstport Property Services Limited v Various long leaseholders of Citiscape – Safety Measures in Flats
In the aftermath of the shocking events of the Grenfell Tower tragedy, the First -tier Tribunal recently considered an important application on the issue of who was to pay for the costs of various … [Read more...]
Williams & Waistell -v- Network Rail Infrastructure Ltd
In this case, two neighbouring bungalow owners in South Wales sued Network Rail for allowing Japanese knotweed roots to spread on their land. Japanese knotweed is a plant with bamboo-like qualities. … [Read more...]
Welford v Graham – Claiming Rights Over Land Through Long Use
In this case, Mr and Mrs Welford claimed a right of way for vehicles over a yard owned by Mr and Mrs Graham. The Claimants based their claim for an easement over the land on the obscure legal … [Read more...]
Kingsgate Development Projects Ltd v Jordan
In this case, the High Court considered whether gates could amount to a substantial interference with a right of way and the difference between gates operated by a key or fob and those opened by … [Read more...]
Winterburn v Bennett – Keep Out/No Parking signs, do they work?
Such signs dot the landscape but are they effective legally? In legal terms, the question is do such signs stop a third party gaining rights through prescription over an owners’ land through long … [Read more...]
Stevens v Ismail – modifying restrictive covenants
This case concerned the jurisdiction of the Upper Tribunal to modify restrictive covenants in leases under section 84 of the Law of Property Act 1925. Under this section, the Tribunal can modify … [Read more...]
Greenridge Luton One Ltd –v- Kempton Investments Ltd – a costly answer
This case concerned answers to pre-contract enquiries during the conveyancing process. The claimant contracted to buy an office block from the defendant for £16.25 million. In the Commercial Property … [Read more...]
Land Registry – Title Register and Mistakes
The first place to look when considering what registered land is (or is not) included within a registered title is to look at the Registry of Title and Plan held by the Land Registry. You should also … [Read more...]
Possession Proceedings and Article 8 of the European Convention on Human Rights
Article 8 of the Convention provides that everyone has the right to respect for his private and family life. It has received a huge amount of attention in the domestic press most notably in the … [Read more...]