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Sub-surface archaeological artefacts do not fall as part of the landscape

by bawilliams | May 16, 2024 | Property Law

Facts: Natural England (NE) seeks injunctive relief to protect the archaeological features on or under farmland from potentially harmful activities of cultivating certain fields. Mr. Cooper claimed that a restriction on the use of his land is an infringement of his...

A second staircase is mandatory for new buildings above 18 metres in height

by bawilliams | May 9, 2024 | Property Law

Property developers have been given clarity on the ‘second staircase’ rule following the publication of the technical guidance by the Department for Levelling Up, Housing and Communities (DLUHC). The amendments to Approved Document B confirmed that new...

Not meeting the specifications of a house could render it uninhabitable

by bawilliams | May 2, 2024 | Property Law

Facts: Mr. and Mrs Vainker purchased the land and the house in 1999. The house was demolished in 2003 with the intention of building a new property. The project was led by Mrs. Vainker and the house was intended as a home on her retirement. Mr. Vainker was working and...

An assignee can be an employer for a construction contract

by bawilliams | Apr 25, 2024 | Property Law

Facts: A construction contract was entered into in November 2017 with the works commencing shortly thereafter. The original contract sum was £18,796,450, exclusive of VAT. There were some variations which added a further £645,329. The defendant paid the...

A tribunal-appointed manager is not an accountable person

by bawilliams | Apr 18, 2024 | Property Law

Facts: Canary Riverside is a large mixed estate comprising both residential and commercial premises, five of which are classified as higher-risk buildings due to their size. These buildings have been the subject of disputes between the owners of the estate and its...

Follow the terms of the lease terms when setting a service charge

by bawilliams | Apr 11, 2024 | Property Law

Facts: The Meadowings and Sheepfoote Hill in Yarm was built in the 1970s and comprises 138 residential properties, one of which was originally a caretaker's flat. There are 10 freehold houses and 128 flats located in several blocks. Of the flats, 31 are the...
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Recent Posts

  • Leaseholders protected – the retrospective power of the Building Safety Act
  • Pay your council taxes or face repossession!
  • The enduring power of old restrictive covenants
  • The courts might not be able to intervene if your property reverts to the Crown
  • What if your dream home was acquired via someone else’s crime?

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