Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...

In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI). Michael Redpath had...

After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case. ...

An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the condition that use was...

Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of...

The widow of a man who died as a result of being exposed to asbestos while working at an oil refinery many years earlier has been awarded more than £300,000 in compensation in the High Court. Frances Streets’ husband began his career working for...

Where an agreement is entered into as a result of a misrepresentation, the court can order the agreement to be set aside. This recently benefited a wife who entered into an agreement which meant that her sole beneficial interest in the family home was...

A man who fell from a London bus and suffered severe head injuries has been awarded a seven-figure compensation settlement. Vincenzo Bollito, a 36-year-old designer, was between the doors of the bus when the driver closed them and accelerated down the road....

When an easement exists over land, as a general rule it cannot compel the landowner to do anything, it can only prevent them from stopping something being done. This proved the undoing of a  developer, who bought  a piece of land, intending to...

In a recent case involving an attempt to rescind a contract to purchase a leasehold property, the High Court ruled that where a special condition of sale is written into a contract and this is inconsistent with the usual standard conditions of sale, the...

A landlord who decided to go for a stroll when the hearing of his case was delayed was left to count the cost of the judge’s displeasure recently. During the hot weather last July, the landlord, who was contesting his tenant’s right to have her...

A case dealing with the parking rights relating to three adjoined houses (all part of a development of older agricultural buildings) has been decided by the Court of Appeal. It has implications for developers of similar properties, such as barn conversions. ...

After a property has been used in contravention of planning law for ten years, the owner can apply for a certificate of lawful use to legitimise the new use. (If the breach of planning law relates to an unauthorised structure or an...

Firms dealing with gypsum waste, such as plasterboard and plaster, should be aware of changes to the law regarding its disposal. The disposal of gypsum waste and other waste with a high sulphate content to landfill together with biodegradable waste has been...

If you are a landlord, it is vital that you are aware of the requirement, introduced in April 2007, that all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be...

In a case that will be of interest to employers considering making redundancies, the Court of Appeal has dismissed, by a two to one majority, Rolls Royce’s appeal against a decision of the High Court ( Rolls Royce plc v Unite the Union ). Rolls...

Following a change in the law, a tenant can no longer have the status of a ‘tolerated trespasser’. Under the old regime, a tenant who had defaulted on their rent could, by paying the rent after a possession order had been made, become a...

If you are considering building an extension to your property, you may think that it is simply a matter of getting planning permission and finding a builder. A recent case shows, however, how important covenants affecting property can be in determining...

The Health and Safety Executive (HSE) has issued a warning to landlords to make sure that gas appliances are maintained in a safe condition. The call came following the successful prosecution of a landlady who had failed to ensure the safety of gas...

One of the problems with easements is that their meaning may not always be obvious. An easement is the right to use someone else’s land for a purpose. For example, an easement might allow a person access to their neighbour’s land in order to...

Householders in difficulties with their mortgages may be tempted by the prospect of having their borrowing taken over by a company which promises that they can stay in the property, paying rent, with the option of buying it back at a later date – but...

When social housing is to be allocated, it is not necessary for the housing provider to do more than place applicants in groups of equivalent housing need and then allocate housing on a ‘first come first served’ basis. Whilst exceptional cases...

A bungalow owner who wished to replace a flat roof with a pitched roof found himself in court recently when his neighbour sought to rely on a fifty-year-old covenant ‘not to make any addition or enlargement or alteration’ to the bungalow without...

From today, buyers and sellers of homes in England and Wales must deal with the following changes to the Home Information Pack (HIP) regime. 1. The temporary first day marketing exemption is removed. All properties will need a HIP form the first day they...

It is common for families to dispute agreements made relating to property. In a recent case, a father, his two sons and the wife of one of the sons became embroiled in a complex dispute over the ownership of a family property in Wimbledon. The property had...