Blog archive

An exclusive right to use parking spaces can constitute an easement, when the grantor of the right has not been completely deprived of their use of the land...

There have been instances recently where the courts have heard challenges by landlords trying to prevent tenants exercising break options to end a lease.  The latest decision comes from the Court of Appeal where it has ruled that the tenant failed to exercise the break effectively because it made a mistake in the notice...

It is an established rule that where a guarantor guarantees the tenant’s obligations under a lease, any subsequent amendments to the lease will discharge the guarantor’s liability unless either...

Some landlords find distress a quick and effective method of recovering rent arrears but from April this will no longer be an option. The new statutory procedure which replaces it is regarded by many as less advantageous to landlords than the old system...

How do you protect your ownership of unregistered land, if you do not have the deeds?  What if you have no proof of your ownership of land or interest in the land?  There is a way to confirm your ownership, using the Land Registry...

The Court of Appeal decision in Erismus Housing Ltd v Barclays Wealth Trustees (2014) deals with a common situation: a landlord grants a fixed term lease and excludes security of tenure so it can get the property back when the lease ends...

“Use it or lose it” – in fact with a right of way over your neighbour’s land, the opposite is true.  Case law shows mere failure to use a right does not on its own lead to its loss. This was illustrated by the Court of Appeal in Benn v Hardinge (1992)...

The Court of Appeal in Peel Land and Property (Ports No.3) Ltd v TS Sheerness Ltd [2014] EWCA explores what is meant by tenant’s fixtures and whether a tenant has the right to remove tenant fixtures.  In general the position is...

On 30th June 2012, the Association of British Insurers (ABI) gave notice that it had withdrawn from the protocol that gives secured lenders the ability to note their interest on insurance policies and receive certain information...