Property Litigation Publications

Alterations and Additions

Eaton Mansions (Westminster) Limited and Stinger Compania de Inversoin SA concerned a head tenant's claim against its sub-tenant in respect of the sub-tenant's installation of air conditioning units on the roof of a block of flats. What can landlords and tenants learn from the case?

Exercising break clauses

Can an estoppel prevent a Landlord from exercising a break clause? The case of Crossco No. 4 Unlimited v Jolan Limited considered whether the landlord had made representations to the tenant that would subsequently prevent it from enforcing the break provision contained in the lease.

Delivering vacant possession

What does vacant possession really mean? In the case of NYK Logistics (UK) Limited -v- Ibrend Estates BV, the Court of Appeal considered what a tenant is required to do when it operates a break clause conditional on delivering up vacant possession. We examine the lessons to be learned from the case.

Restrictive Covenants - applications to discharge/modify

The Land Tribunal's decision on an application by Wimpey Homes to have a restrictive covenant discharged or modified has revealed that if a developer has deliberately ignored a restrictive covenant, that will prejudice any application for discharge/modification.

Acquisition by prescription

A claimant could not establish a prescriptive easement as against the owner of the freehold where at all relevant times the land was either let to a tenant or in the occupation of a life tenant.

Property Litigation Update - March 2011

The latest case law, news and advice from the Michelmores Property Litigation Team.

Jurisdiction over park home disputes is transferred to Residential Property Tribunals

Park home owners have been lobbying the government for changes to the laws governing disputes with site owners for a number of years, and the Coalition Government recently promised park home owners that they would shortly have access to a specialised residential tribunal service to deal with these disputes.

Adverse possession of land

Is a squatter home and dry once he has been registered as the owner of land by adverse possession? According to the case of Baxter v Mannion, not if the Land Registry has made a mistake.

Waiver of condition

Buyers enjoyed a common law right to waive performance of a condition existing for their exclusive benefit. However, their notice of waiver was served too late.

Serving break notices

A break notice is incorrectly served by a tenant, but the actions of the landlord's agent create an estoppel.