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Channel: Phil Taylor's Law Blog » Property Litigation
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Local Authority Liable to Owners for Bad Construction Work of Its Building...

Where a local authority commissions work from a building contractor to properties it does not own and its defective those owners are unlikely to be able to sue that contractor for breach of contract or...

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The Game is Up for Insolvency Practitioners -v- Landlords

If rent is payable in arrear and the tenant company goes into administration or liquidation the administrator or liquidator must pay the rent as an expense of the liquidation or administration for any...

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Supreme Court Judgment on Planning & Historic Property Nuisance Claims

The recent Supreme Court case of Coventry & Ors v Lawrence & Anor [2014] involved the claimants’ bungalow which was across some fields from a speedway track and raised a number of issues in the...

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Parents’ Council House Discount highlights need for comprehensive trust deeds...

Where property is bought by more than one person, and they are not husband and wife, it is important to have a trust deed setting out (or providing for) the shares the property will be held in and how...

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Flat owner had no right to lay new pipes outside its leased property

In Yeung v Potel & Anor [2014] a four-storey property at 50 Warwick Gardens, London W14 was divided into four flats, each one being above the other. The Flat 3 occupier carried out building works...

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In initial 30 days residential landlord’s contract to protect tenant’s...

Private landlords can take proceedings to regain possession of their property without having to give any reasons under the Housing Act 1988 using Section 21’s automatic right of possession once the...

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Non payout highlights need for lawyer negotiated provision for payout...

If there are circumstances that might justify the extension of a Joint Venture, Option or Conditional Contract Period it is very important that they be spelt out in the Agreement and that these be...

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Court implies duty on Seller to cooperate in property sale conveyancing

In the scenario where a defaulting Buyer has its deposit at risk on a flat purchase and arrives at a settlement agreement, to what extent is the Seller impicitly obliged to cooperate in the normal...

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Property loss would have occurred regardless of alleged negligence

It’s not enough to have a negligence claim against solicitors or other property professionals. Claimants need to be able to show that the negligence caused the loss claimed and to overcome any defence...

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Initial toleration of fence placement did not abandon right of way

The courts do not lightly accept that rights have been abandoned through mere disuse. There has to be pretty unequivocal evidence that they have been intentionally and permanently abandoned by the...

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