This article explains the background to Inclosure Awards and explains how such awards might give rise to restrictions on the use of land and how those restrictions might be modified or discharged/avoided, if a different use is desired for the land by its owner. Particular focus is given to ‘common’ land and town/village greens used […]
1st Oct 2018 Publications Read moreThe Court of Appeal re-asserts the orthodox understanding of “overreaching” under the Law of Property Act 1925, from which many commentators considered Newey J. had departed in his first instance decision. Out of reach: an easement is not an “estate in land” Ewan Paton, Guildhall Chambers, Bristol Baker v. Craggs [2018] EWCA […]
25th Jul 2018 News Read moreGreville Healey considers how and where to litigate agricultural matters. Click here to download the article.
17th Jul 2018 News Read moreThis article seeks to provide some answers you could give if a lender client comes to you and explains that one of its corporate borrowers has entered administration or liquidation, and asks you how that will affect the lender. Click here to download the article.
17th Jul 2018 News Read moreSome practical tips on the rules of evidence in the context of property litigation and the pitfalls to avoid. Click here to download the article.
17th Jul 2018 News Read moreAn interesting look at whether Stephen Jourdan QC and Ciara Fairley’s Supreme Court case McDonald v McDonald has shut the door on human rights defences in private law possession claims. Click here to download article.
17th Jul 2018 News Read moreAnthony Tanney and Cecily Crampin consider how Brexit will affect the UK property market, and in particular how buyers can escape contracts for sale. Click here to download the article.
17th Jul 2018 News Read moreTom Morris analyses and discusses the law of sewers and drains by reference to the law of easements and the statutes relating to sewerage. To download the article click on the link: Water Talk TWM
3rd Jun 2018 News Read moreIn Reedbase v Fattal [2018] EWCA 840, an important decision for landlords and their advisers, the Court of Appeal explained how and when a landlord would need to repeat its statutory consultation if the works carried out changed from the original programme consulted on. It set out how changes in works fits with the consultation […]
3rd Jun 2018 News Read moreThe answer to the question who owns the airspace above a building or the subsoil below is usually clear cut in relation to freehold land but often less clear in the case of leaseholds. The High Court has had to wrestle with the latter twice this year, once regarding airspace and once regarding sub-soil. The […]
27th May 2018 News Read more