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...
Legal News
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...
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...
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...
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,...
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...
Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...
The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...
The Upper Tribunal (UT) has upheld a company's appeal against a £10,000 fine for managing or being in control of a house in multiple occupation (HMO), finding that there was no evidence that it was a person managing the property. The local authority...
It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...
The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...
The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...
Both landlords and tenants can apply to the First-tier Tribunal (FTT) for a determination of whether a service charge is payable. Recently, a landlord was successful in applying for a determination that a leaseholder was liable to pay it £11,371 in...
The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate. Figures from the Ministry of Justice (MoJ) show that the...
All land in England ultimately belongs to the Crown. In a recent case which serves as something of a cautionary tale , a couple who were the directors and shareholders of a company that had owned a property when it was dissolved have been unsuccessful in...
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