Practice points
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PP 2004/20
An unlawful use of premises will become immune from enforcement action, and therefore lawful, after 10 years’ uninterrupted use. R (on the application of Fairstate Ltd) v First Secretary of…
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PP 2004/18
An easement of necessity is an easement that is so essential to the enjoyment of the land in question that the land cannot be used without it.
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PP 2004/16
A way of necessity is a right of way that the law implies either: (i) in favour of a grantee, over the land of a grantor, if no other way…
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PP 2004/17
The Court of Appeal judgment in Courtney Lodge Management Ltd v Blake [2004] EWCA Civ 975 confirms that:. * failure to exercise a legal power to prevent a breach of…
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PP 2004/13
In Waters v Welsh Development Authority [2002] EWCA Civ 924; [2002] 2 EGLR 107, Carnwath LJ said “The right to compensation for compulsory purchase is a basic property right.
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PP 2004/14
The courts have upheld several professional negligence claims over the past few months, including:. – Maden v Clifford Coppock & Carter (a firm) [2004] EWCA Civ 1037; [2004] PLSCS 203;.
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PP 2004/12
Is it possible to satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 if a party has inscribed his or her initials in the…
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PP 2004/11
The High Court judgment in Keydon Estates Ltd v Western Power Distribution (South Wales) Ltd [2004] EWHC 996 (Ch) concerned the issue of whether a landlord was entitled to appeal…
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PP 2004/10
Albany Holdings Ltd v Crown Estates Commissioners [2003] EWHC 1480 (Ch); [2003] PLSCS 213 has provided some helpful guidance on what length of time can be deemed to be “reasonable”…
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PP 2004/9
A lease will contain an implied term that a tenant will give up possession of the property to its landlord at the end of the term; see Henderson v Squire…