November 2013 Archive

Professional negligence problems with limitation periods

A recent High Court decision highlights the importance of ensuring negligence claims are brought within its limitation period. The limitation period is the later of either six years from the date the damage is caused, or three years from the date when the claimant knows or ought reasonably to have known of the damage (subject to a maximum time-frame of 15 years).

Trespass and boundary disputes

Wright Hassall’s Residential Property Disputes team is experienced in all matters relating to Boundary Disputes and Trespass. Trespass is a “Tort”, an area of law that relates to actions against persons (such as assault), against goods (that relate to possession) and actions against land for which “trespass” is more commonly known.

Will the Land Registry Title Plan identify the correct position of my Boundary?

Boundary disputes arise where two or more neighbours disagree upon the position of a boundary line. Often the boundary may be marked with a physical marker such as a fence, hedge or wall and the dispute will relate to the position of that marker, however sometimes there is no physical marker to assist in determining the position of the boundary.

What information will help you with a boundary dispute

Boundary disputes arise where two or more land owners disagree upon the position of a boundary line. Often the boundary line may be marked with a physical marker such as a fence, hedge or wall and the dispute will relate to the position of that marker, however sometimes there is no physical marker to assist in determining the position of the boundary.

Solar panels and repossession – a problem for lenders?

The use of solar panels to provide electricity for the home has become increasingly popular. Where the solar panels were bought outright, there ought not to be any risk to lenders. However, where panels have been fitted as part of one of the many ‘free’ schemes that have proved so popular, the borrower, and even the lender may be in for trouble. The ‘free’ schemes involve home owners entered into a leasing agreement, often tying themselves into a 25 year lease. The Council of Mortgage Lenders (CML) has provided guidance for lenders.

Update on lending – possessions down and buy to let lending recovering in Q2 2013

The latest data from the Council of Mortgage Lenders at the end of Q2 2013 suggests that possessions are receding as buy to let lending recovers. Lenders advanced 40,000 mortgages, worth £5.1 billion, to buy-to-let investors in the second quarter of 2013, according to data published by the CML. Both the number of buy-to-let loans and the value of lending were the highest since the third quarter of 2008.

Who can help with a boundary dispute?

Appointing a solicitor with specific experience in boundary and neighbour disputes is crucial to unlocking and efficiently resolving boundary disputes. The solicitor should not only have experience of disputes relating to boundaries, fences, hedges and walls, but should also have experience at resolving complaints of nuisance and trespass.
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