Legal News

Government Guide to Property Boundaries

A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...

FTT Wrong to Rely on Calculations of Risk Posed by Lack of Space

The Upper Tribunal (UT) recently set aside a decision of the First-tier Tribunal (FTT) upholding prohibition orders in respect of 15 flats, finding that the FTT had erred in accepting the local authority's calculation of the risk posed by the lack of space...

High Court Rejects Daughter's Challenge to Elderly Man's Will

The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...

Restrictive Covenant Modified to Allow Construction of Bungalow

The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...

Planning Permission for Energy Recovery Facility Upheld

The Court of Appeal has dismissed an appeal against the High Court's rejection of a challenge to a grant of planning permission for an energy recovery facility, finding that the Secretary of State for Housing, Communities and Local Government had complied...

Care Home Manager Who Forged Resident's Will Imprisoned

The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...

Parcel of Land Acquired by Adverse Possession, UT Rules

The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...

High Court Rejects Disinherited Son's Claim to Farm

The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...

FTT's Finding That Tenant Breached Covenant 'Too Broad'

Under Section 168 of the Commonhold and Leasehold Reform Act 2002 , a landlord under a long lease may not serve a notice of forfeiture on a tenant in respect of a breach of covenant unless the tenant has admitted, or the appropriate court or tribunal has...

Homeowner Triumphs in Boundary Dispute With Neighbours

A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...

High Court Rejects Grandsons' Claim to Family Farm

The High Court has upheld the validity of a codicil to a woman's will which left the family farm to her two daughters and dismissed claims by her grandsons that she had promised the farm to them. The woman had passed away in 2020 at the age of 96. A will...

Supreme Court Allows Developer's Appeal in Planning Case

The Supreme Court has ruled in favour of a developer which had unsuccessfully applied to the local council for discharge of conditions attached to a grant of planning permission. The developer wished to build a mixed-use development that included 650...

Owner of New-build Home With Unsuitable Foundations Awarded Damages

A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...

Will Made During Lockdown Not Validly Executed, Court Rules

A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...

UT Rejects Tenants' Appeal Against Costs Order

While the First-tier Tribunal (FTT) is in principle a 'no costs' jurisdiction, it may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings. Recently, the Upper Tribunal (UT) upheld a...
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