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Locking your neighbour out doesn’t preclude a right of way from being created

Locking your neighbour out doesn’t preclude a right of way from being created

by Efosa Obaseki | Dec 3, 2025 | Property Law

The First-tier Tribunal (FTT) was asked whether an interference with a right of way, such as padlocked chains, breaks the continuous flow of the prescriptive period under the Prescription Act 1832.Facts:Mr. and Mrs. Irwin were joint registered proprietors of their...
Providers of social housing are unaccountable over service charges

Providers of social housing are unaccountable over service charges

by Efosa Obaseki | Nov 26, 2025 | Property Law

The Upper Tribunal (UT) addressed whether a tenant’s application challenging the reasonableness of a service charge could be heard by the First-tier Tribunal (FTT) when that charge was set as a fixed annual sum by the landlord.Facts:Mr. Barton is the tenant of a...
Upgrading a property without permission can be a breach of covenant

Upgrading a property without permission can be a breach of covenant

by Efosa Obaseki | Nov 19, 2025 | Property Law

The Upper Tribunal (UT) affirmed that a covenant prohibiting the removal of the landlord’s fixtures is not negated by the replacement of such fixtures.Facts:Mr. Maguire and Ms. Allen are the freeholders of 25 Ronald Park Avenue, a Victorian House that was converted...
When “minor works” become a flagrant breach

When “minor works” become a flagrant breach

by Efosa Obaseki | Nov 12, 2025 | Property Law

The High Court, analysing the cumulative works, came to the conclusion that they demonstrated a deliberate and flagrant breach of planning control in an environmentally sensitive area. Facts: The Local Planning Authority (LPA) of Wealden District Council (WDC) is...
When ‘reasonable’ is unfair and yet upheld by courts

When ‘reasonable’ is unfair and yet upheld by courts

by Efosa Obaseki | Nov 5, 2025 | Property Law

The Court of Appeal (CoA) reaffirms the broad landlord’s discretion to decide ‘reasonable’ service charges. Facts: Abacus Land 4 Ltd. is the landlord of Romney House, a building in Westminster containing one hundred and sixty-eight residential flats,...
When agreeing to a surveyor binds you to the boundary

When agreeing to a surveyor binds you to the boundary

by Efosa Obaseki | Oct 29, 2025 | Property Law

On appeal, the High Court ruled that the parties were bound by a binding boundary agreement to accept the determination of their jointly instructed surveyor, confirming that the agreement was effective as a clarification of the boundary, though not a contract for the...
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Recent Posts

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  • A new legal test for selling multi-block estates
  • The 21-year rescue: How modern law saved a “flawed” land deal
  • The name on a deed is not necessarily the beneficial owner of a property
  • Right of way: When creating a hostile environment becomes illegal

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