PLA - Property Litigation Association

Recent Property Cases

Microsoft Word Document 24.07.08 Birmingham Development Company v Tyler
Thorough investigation is required before expensive litigation is embarked upon. The Court of Appeal has considered whether the actual or perceived risk of damage from an adjoining building is sufficient to found a claim for nuisance against a neighbour

Microsoft Word Document 18.07.08 Bradford v James
More detailed plans should be used when selling land off for development so as to prevent costly and acrimonious boundary disputes arising.

Microsoft Word Document 17.07.08 Manton Securities v Nazam
The Court of Appeal has had to determine the correct law to be applied in establishing whether a tenant has obtained a right to a lease and whether bad conduct can deprive the tenant of such a right (Manton Securities-v-Nazam(17 July 2008)

Microsoft Word Document 30.06.08 Camden v Leaseholders of 30-40 Grafton Way
Residential service charges may be irrecoverable if the correct procedures are not followed. The Lands Tribunal has considered whether it should take into account the extent of the detriment that will be suffered by a landlord if it is prevented from recovering residential service charges due to its failure to follow the correct statutory procedures