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Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
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Restrictive Covenants
On an application for modification of a restrictive covenant, it was agreed that the restriction limiting the use of land to a paddock, garden land or horticultural nursery secured no practical benefits and the modification would cause the objector no injury. However, the objector sought compensation to make up for the effect of the restriction in reducing the consideration received when it was imposed. The Tribunal granted the modification without any compensation.
read moreRent Review Dispute Resolution – Part 5
Terror, Firma
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Dye & Durham Enhances Environmental Due Diligence with ClimateCheck™ Integration
Business Lease Renewal
The High Court considered whether section 30(1)(g) of the Landlord and Tenant Act 1954 should be given effect in a way which is compatible with the European Convention on Human Rights, thereby preventing a landlord who is intending to carry on the same type of business as the tenant from recovering possession and appropriating the tenant’s goodwill.
read moreBoundaries
A boundary demarcation agreement, the purpose of which is to define a previously unclear or uncertain boundary, requires no formalities, even if it involves transferring trivial amounts of land. Such an agreement binds the parties and their successors in title, irrespective of knowledge.
read moreClarion Housing Association Ltd v Chitty [2024] UKUT 187 (LC); [2024] PLSCS 124
Although not required to do so, the Upper Tribunal took the opportunity to add its thinking concerning the public interest ground for varying a restrictive covenant under S84.
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English 