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Andrew Turner
 

Rights of way - 3 common trip hazards

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A right of way is, in its simplest form, a right to pass from point A to point B, and back again.

It is a right that one landowner has over the land of another owner. The right is often (but not always) granted by a deed, typically a conveyance.

The grant should refer to a plan and will contain words such as: “A right of way is granted for the benefit of Mr and Mrs Neighbour’s property along the access lane shown shaded in blue on the attached plan.”

So far, so good. That all sounds pretty straightforward.

But disputes over rights of way arise all the time. Often, the dispute is not about whether a right of way exists or not but whether the right of way is actually being used in the correct manner.

Seller Beware!

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The principle of caveat emptor or ‘buyer beware’ is a principle that is familiar to many, although sometimes misunderstood. A recent appeal case has provided a reminder of how the Court will apply this principle. Within the context of property...

Nuisance neighbours and doorbell cameras

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With the advent of Wi-Fi enabled home security cameras which are cheap to buy and easy to install our neighbourhoods are more watched than ever.

But what happens if your cameras can pick up on your neighbours’ movements and record their conversations? Users should be aware that if their video and audio recordings capture their neighbours then there is a risk of being served with Court proceedings by a neighbour fed up with being monitored.

Occupiers' liability: "The real risk lies in riskless living"

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In an increasingly litigious, compensation-focussed society, stories of people trying to apportion legal blame for the most trivial of accidents have become all too familiar. The idea that if someone suffers a loss or injury, a third party must necessarily...

Rights of way: check the small print

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When a right of way is granted, conditions might be attached to the right which restrict how you are allowed to use the right of way. A typical example would be a condition that limits use of the right of way to pedestrian use only. Similarly, conditions...

Rights of way: what is interference?

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A right of way is, in its simplest form, a right to pass across somebody else’s property. There might be conditions attached. For example, only pedestrian access may be allowed. Or the access might be limited to certain purposes only, such as for the...

Landlords and tenants: new measures limiting enforcement

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Legislation has already been introduced preventing landlords from forfeiting leases due to non-payment of rent. This is now to be followed by measures that will “temporarily void” statutory demands and winding up petitions that are issued...

Public footpaths - taking the law into your own hands

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The relationship between private land owners and members of the public exercising rights to traipse over private land is not always a relationship characterised by blissful harmony. It is a relationship that has been tested further by COVID-19. Tensions have...

The Coronavirus Act 2020: tenancy enforcement on hold?

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The Coronavirus Act 2020 came into force on 25 March 2020. It implements a series of measures to protect both landlords and tenants. Summarised below are some of the key measures affecting business tenancies and residential tenancies. Business...

Rent reductions and suspensions: protect your position

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The COVID‑19 crisis has triggered a spate of urgent requests by tenants for rent suspensions. Given the unprecedented nature of the current operating environment, pushing a tenant into insolvency and/or recovering possession of premises and...

Dare to presume

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The Court of Appeal has recently dismissed a mother’s claim to recover a loan which she made to her son to assist with the purchase of the son’s property. The claim was dismissed on the basis that there was no evidence that the payment...

Mistakes in Contracts: Will the Court intervene?

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The Court is often reluctant to interfere with the relationship between contracting parties. If however there is a mistake in the drafting of a contract, a party can apply to the Court for rectification of that mistake. Rectification is typically...

Rights of way and perpetual motion

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If you are granted a vehicular right of way over neighbouring land, and the right is described as a right to “pass and repass”, are you allowed to park on that neighbouring land so that you can load or unload? What about stopping so that a...

Does silence amount to a breach of covenant?

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It is common for leases to contain a covenant requiring a tenant to provide the landlord with access to the premises upon receipt of a period of notice. The lease will usually specify how much notice has to be given and for what purpose the access is...

Building Inspector dodges liability

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Imagine that you have just purchased a new-build flat. Shortly after moving in, you discover that the building is riddled with defects including faulty fire protection, defective drainage, inadequate ventilation, and non-functioning sanitation. You...

Unopposed lease renewals - how does the Court decide terms?

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The recent County Court case of Dukeminster Limited v Westend Investments (Cowell Group) Limited has provided guidance in relation to what is likely to happen if your section 25 Notice contains a mistake and also on the question of how the Court will...

Housing benefit - curse or cure?

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A survey carried out by Shelter in 2017 found that 43% of private landlords applied a policy of refusing to accept tenants in receipt of housing benefit. This apparent discrimination has provoked a considerable amount of public outrage and media attention. ...

Overage Agreements

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In the recent case of London and Ilford Limited v Sovereign Property Holdings Limited , the Court of Appeal has left a property developer with a bloody nose and a financial headache. In the context of a property transaction, the term...

Morality Clauses - who sets the standards?

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The role of morality clauses in contracts has been in the spotlight recently amidst the whirlwind of allegations surrounding the likes of Weinstein, Spurlock, and Spacey. Film distributors and publishing firms have been hastily reviewing their contracts to...

Dangerous cladding - who pays?

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Following the Grenfell tragedy last year, there has been panic amongst owners of blocks of flats up and down the country prompted by the realisation that their own blocks may be clad in the same apparently lethal material that appears to have triggered the...

Unlawful fishing expeditions

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Fishing for information from the other side is a common feature of litigation. Extracting admissions, acknowledgements and evidence from the other side is all part of the tactical scuffling that goes on in legal proceedings. The Court Rules allow you...

Disability discrimination claim against lender dismissed

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In the recent case of Green v Southern Pacific Mortgage Limited , the Court of Appeal was asked to consider whether a lender’s failure to agree to change a disabled borrower’s mortgage from a repayment mortgage to an interest-only was...

Arrogant professionals

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The case of Riva Properties v Foster & Partners concerned a successful professional negligence claim against the world-renowned architects, Foster & Partners. It is a cautionary tale of the consequences of failing to follow a client’s instructions. Whilst the case concerns architects, it is applicable to professional advisers of any specialism.

Barking mad or fair enough?

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It is a restriction that you will find in many leases. A ban on tenants keeping pets in the property. An absolute ban seems pretty black and white; pets are banned, simple. But what if the lease says that you can keep pets but you need to seek...

When innocence is no defence

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Judges are only human. They make mistakes and they get things wrong. This was illustrated all too clearly in the repossession case of Teign Housing v Lane. This was a Housing Association’s repossession claim against a tenant suffering...

I want my property back - is there a problem?

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There has been a lot of discussion in the media recently about revenge evictions and the precarious status of tenants who occupy residential properties on short term tenancy contracts or on monthly periodic contracts. The argument goes that these...

Battle of the Beach Huts 2017

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A landowner allows an individual to erect a beach hut on his land. That individual then starts using the beach hut periodically and pays an annual fee to the landowner. After a few years, the landowner wants the beach hut off his land. What is the landowner...

Sweet Relief

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The case of General Motors UK Ltd v The Manchester Ship Canal Company Ltd concerned a licence agreement which allowed General Motors to discharge surface water into the canal for a modest annual fee of £50.

1954 Act comes under attack

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The High Court has ruled that a landlord’s development scheme, contrived for the sole purpose of defeating a tenant’s security of tenure, allows a landlord to successfully oppose a tenant’s statutory request for a new lease....

Turkish Delight - You Get What You Pay For

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A note recently issued by the Turkish Government has confirmed that foreigners who buy property worth at least $1million can obtain Turkish citizenship. The note confirms that citizenship will also be offered to foreigners who deposit a minimum of $3million...

Professional in the Hot Seat - Jonathan Rathbone

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We caught up with Jonathan Rathbone, Hughes Paddison’s new Director tasked with growing the Company and Commercial Department. Jon joins Hughes Paddison from international law firm, DAC Beachcroft, bringing with him more than 14 years’...

Business Rates and Common Sense

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The issue that arose in the case of Newbigin (Valuation Officer) v S J & J Monk was whether a property can be deleted from a rating list whilst significant building works are being carried out. In this case, an office building in Sunderland was...

Your Questions Answered - April 2017

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A debtor owes both me and another creditor, jointly, an unpaid debt. I have discussed taking court action against this debtor with my fellow creditor but he is unwilling to go down that particular route. Am I entitled to go it alone? ...

Boundary disputes - stumbling through the red mist

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Understanding what has sparked off the dispute between the parties in the first place is essential. It is very rarely the case that a party has pulled out his title deeds and decided that there is a problem with the boundary. There is usually...

It's just a boundary - get over it

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Identifying the real reason for a boundary dispute kicking off in the first place is an essential part of working out the best way to resolve it. Contrary to what one might logically believe, it is rare for a boundary dispute to start as a result of...

Proposals to ban dodgy landlords and agents

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The Government is considering new legislation to enable bans to be imposed on what are deemed to be “criminal landlords and agents” preventing them from operating in the private rented sector. The proposals have generally been welcomed....

Rights of Way: is a gate an obstruction?

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Gates and rights of way can be an unhappy mix. I often hear the cry "my neighbour has put a gate across the lane. He can't do that. I've got a right to pass along that lane. I want to get an injunction against him" . Breaking it to the...

IP in the Floodlights

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Intellectual Property is a necessary evil in business and something every new, aspiring or existing business owner should be aware of. A classic example of trademark infringement would of course be opening up a burger restaurant and unveiling a logo...

Nightmare on Elm Street

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New legislation is aimed at helping residential landlords to recover possession Consider the following scenario. You are a landlord of 21 Elm Street, a terraced property on a quiet residential street. Your tenant is...