Speakers' Corner

The new law on criminal trespass has produced a significant body of interest regarding its interplay with squatter’s rights including applications by squatters for registration under Schedule 6 of the Land Registration Act 2002; the focus of this article.

When a landlord retains a flat in a block which is subject to a collective enfranchisement claim, it can claim a leaseback of it. However, unless the landlord is a local authority or housing association, the landlord must make sure that a leaseback is proposed in its counter-notice otherwise the right will be lost.

This paper deals principally with the question when is it correct to grant damages in lieu of an injunction? The question is asked in the context of rights of light matters.

This article considers in what circumstances costs in service charge disputes in the First-tier Tribunal (Property Chamber)1 (“the Tribunal”) can be recovered

Whilst substantial dilapidations claims on lease expiry (“terminal dilapidations claims”) are extremely commonplace these days, and take up a large element of a property litigator’s workload, these claims rarely proceed to trial and reported Judgments are, therefore, somewhat rare and far apart. The last Judgment of note prior to this year being PGF II SA-v- Royal & Sun Alliance PLC which was decided in 2010.

Packemin Apartments Limited (“PA”) acquires a plot of prime development land for the construction of a block of luxury flats. Unfortunately, the land in question (“Plot A”) has no direct access to the main public highway. In order to obtain the required access to this public highway PA has to obtain the grant of a right of way over the land lying between the Plot A and the public highway.

Section 10 of the Party Wall etc. Act 1996 (‘the Act’) provides a now well-known and established mechanism for resolving disputes between building owners and adjoining owners in respect of matters concerned with works to which the Act relates, that is principally building on the line of the junction between different lands (s.1), the repair or rebuilding of party walls (s.2), and works of excavation within a specified distance of the adjoining owner’s building (s.6). Under s.10(10) the ‘agreed surveyor’ appointed by the parties, or more usually the two surveyors appointed by each of them working together, or the ‘third surveyor’ appointed by the two surveyors, settle the dispute by making an award.

Several property statutes contain a provision enabling a notice (or some other document) to be served by being “sent by post” (without prescribing any particular method of posting): see section 176(2) and (3) of the Housing Act 1985; section 54(2) of the Landlord and Tenant Act 1987; section 99(1) of the Leasehold Reform, Housing and Urban Development Act 1993; section 15(1) of the Party Wall etc. Act 1996 (“PWA 1996”); and section 111(1) of the Commonhold and Leasehold Reform Act 2002.

How damages for professional negligence are often assessed in the context of residential and commercial conveyancing.

Is the case of Edwards & Walkden v City of London consistent with the O’May decision in relation to changing terms of business tenancies on renewal or does it evidence a change in the approach of the Court?