Articles in ‘Property Disputes’ Category

The SDLT Holiday explained:

A question frequently asked by landowners is what is the difference between an option agreement and a promotion agreement? And which should they enter into?

According to the results of the latest “Which?” survey revealed today, 27% of UK adults have suffered some form of nuisance caused by their neighbours in the last year. The most common problem is noise caused by loud voices, music, pets or building work.

There are many circumstances where you might look into getting an injunction in a property dispute. For example: a developer building very close to your property may affect your right to light; a neighbour interfering with your right of access or causing noise nuisance, or people trespassing onto your property.

When buying a property there are a many things to consider; the crime rates in the area, the surveyor’s report, the potential returns of investing in commercial property, the proximity of a river to name just a few.

In most cases, issues are resolved during a purchase, the purchaser moves in and lives happily ever after. However, as was the case recently with a professional gambler, a property owner may be shocked to later discover that their humble abode is surrounded by a strip of land they thought was theirs but is, in fact, owned by someone else.

Disclaimer: This story is not about the saga of Lady Gaga cooking on an Aga (unfortunately). Authorised guarantee agreements (AGAs) have been featured in a string of court cases dating back to 2005. These have included whether the performance of the AGA can be guaranteed by a guarantor (known as a GAGA) and now whether a lease can be assigned to the tenant’s guarantor.

It’s widely acknowledged that the coming into force of the Landlord and Tenant (Covenants) Act 1995 (the Act) on 1 January 1996 significantly changed the law regarding landlord and tenant liability following an assignment of a tenancy.

If you’ve entered, or are about to enter, into an option or promotion agreement which currently remains in force, you may be concerned about the likely consequences of the development market weakening as a result of the referendum decision to leave the European Union.

Do you own land that has development potential now or in the future? One important lesson is to assume that anything and everything will be challenged by those seeking to prevent development.

The benefit of a new or sub-divided unit on a retail park is that it can be built or refurbished to meet your requirements. Compare this with an existing unit where you have to take it as is. While new or refurbished units have their advantages, there are a number of things to consider:

In August, the Mayor of London published new Supplementary Planning Guidance aimed at increasing the levels of affordable housing being built.

The redeveloped Westgate Oxford opened its doors on October 24. How will this large retail and leisure offering in the city centre with space for 125 shops, restaurants, cafes, a 5-screen cinema and a John Lewis impact the city? Commercial Property solicitor David Lane comments on Oxford’s changing shopping landscape.