Legal News

Covenant Modified to Allow House to be Used for B&B Business

The Upper Tribunal (UT) has modified a restrictive covenant to allow a couple to run a bed and breakfast business from their home. The couple owned a two-storey, four-bedroom house. In 2023 they had started running a B&B, having created two en-suite...

Partner's Claim for Provision from Designer's Estate Rejected

The High Court has rejected a claim by a clothing designer's partner for financial provision from his estate , finding that it had not been demonstrated that they had lived together as a married couple for the required period of two years before the...

Property Owners Not Entitled to Share in Saving Achieved by Wayleave

The Upper Tribunal (UT) has rejected a claim by the owners of a property that their compensation for the grant of a wayleave authorising the retention of electricity lines over their land should include a share in savings achieved by avoiding more costly...

Couple Succeed in Application to Register Right of Way

The First-tier Tribunal (FTT) has granted a couple's application to register a right of way over a small triangle of land belonging to a neighbouring property owner, finding that they and their tenants had crossed it as of right for at least 20 years. The...

What is a Self-Contained Part of a Building? Court of Appeal Rules

Under Section 72 of the Commonhold and Leasehold Reform Act 2002 , the right to manage can only be acquired if the premises consist of a self-contained building or part of a building. Section 72(3) specifies that for a part of a building to be...

Increase in Probate Application Fee

On 13 July 2026, the fee charged when applying for probate increased significantly, from £300 to £526. The fee applies where the value of the estate is more than £5,000. There is no fee for estates of £5,000 or less. If probate has...

Sister Did Not Sign Property Transfer Form, FTT Rules

Under Paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 , the Land Register may be altered for the purpose of correcting a mistake. Recently, the First-tier Tribunal (FTT) granted an application for alteration of the Register by a woman who...

Cousin's Daughters Both Entitled to Benefit Under Ambiguous Will

Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...

Dog Training Business Compensated for HS2 Compulsory Purchase

Businesses whose premises are compulsorily acquired are entitled to compensation for loss of profits and any reduction in the value of the business, as well as the value of the premises themselves. Recently, the Upper Tribunal (UT) found that compensation...

Homeowners' Boundary Determination Application Rejected

When applying for a boundary determination, it is crucial to gather as much evidence as you can in support of your application. Recently, a couple's application for a determination of part of the boundary between their home and neighbouring land was...

Court Orders Provision for Daughter Excluded from Father's Will

The law affords people a high degree of testamentary freedom, and those seeking reasonable financial provision from an estate must satisfy the courts that it was unreasonable that adequate provision was not made for them. Recently, the High Court ruled that...

Dwellings in an HMO Can Themselves Be Houses, UT Rules

If a building is a house in multiple occupation (HMO) within the meaning of Section 254 of the Housing Act 2004 , can dwellings within the building also be houses for the purposes of the selective licensing scheme in Part 3 of the Act? The Upper Tribunal...

Will Made Four Months Before Elderly Woman's Death Ruled Invalid

The High Court has ruled that a will made by an elderly woman with dementia, in which she disinherited one of her sons, was invalid due to lack of testamentary capacity and want of knowledge and approval. The woman's previous will, made in 2018, divided...

Collective Enfranchisement - A Brief Guide

In certain circumstances, owners of leasehold flats have a legal right to buy the freehold of the building together with other leaseholders. This process is known as collective enfranchisement. For collective enfranchisement to be available, the building...

Pub Company Entitled to New Tenancy, High Court Rules

The High Court has dismissed a landlord's appeal against a decision that a pub company was entitled to a new tenancy of its premises, the landlord having failed to establish that it intended to carry out works on the premises and could not do so without...
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