Residential Property

• Allowing Use of Land May Create Irrevocable Rights

  • Posted5 March 2014

  When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832. In...

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• Ignoring Duty to Neighbours Costs Homeowner

  • Posted14 February 2014

  Homeowners have a responsibility to ensure that they do not damage their neighbours’ properties and this includes a legal duty to keep their garden trees and shrubs under control. ...

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• Property Use Restriction is Reasonable, Rules Tribunal

  • Posted31 January 2014

  It is normal for any building divided into flats to have rules relating to the use to which the flats can be put, as well as other internal regulations. ...

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• Chancel Repair Liability Risk – Reduced But Not Gone

  • Posted13 January 2014

  Homeowners may be breathing a sigh of relief following the widely publicised reports that ‘chancel repair liability’ (CRL) must now be registered to be effective – but the risk still...

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• Chalet Owners Face Compound Interest Catastrophe

  • Posted24 December 2013

  In a case which starkly underlines the dramatic and often unforeseen impact that compound interest can have on apparently modest service charges, holiday chalet tenants who could end up paying their...

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• Tenancies Can Be Worthless If Mortgage Lender Not Informed

  • Posted12 December 2013

  A lease may not be worth the paper it is written on if the landlord’s mortgage lender does not consent to the tenancy. A recent ruling by the Court of...

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