Publications by Naomi Cunningham
When silence isn't enough
Acquiring prescriptive easements:The recent case of London Tara Hotel Limited v Kensington Close Hotel Limited highlights the dangers of permitting use of your land unchecked and the importance of pro-active estate management in order to prevent the creation of prescriptive easements.
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.
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.
Property fraud - protecting your interest
Property is often the most valuable asset we own. In this article, we provide some suggestions on how property owners can help themselves to prevent would be fraudsters from committing fraud against such assets.