Real estate disputes

Farmer’s compensation claims for losses caused by the pumping of floodwaters onto their land has been clarified

The Upper Tribunal (Lands Chamber) has clarified the circumstances in which a local authority will be liable to pay compensation to farmers for crop losses caused by floodwater being pumped onto their land and away from villages. The clarification will be of particular importance to farmers in the north of England following the recent severe floods

Intention to Redevelop under the Landlord and Tenant Act 1954

Under the Landlord and Tenant Act 1954 (“the Act”), tenants of business premises have a statutory right to a new tenancy, save in seven situations specified under the Act, one of which arises where the landlord wishes to redevelop the property and can oppose the grant of a new tenancy. If the landlord intends to rely on this ground, it must prove its intention to redevelop to the satisfaction of the court.

The case for terminating an AHA tenancy

One of the reasons for the introduction of the Agricultural Tenancies Act 1995 (“the 1995 Act”) was to counter some of the more burdensome provisions imposed by the Agricultural Holdings Act 1986 (“1986 Act”), not least the difficulty of terminating tenancies. The rights relating to security of tenure under the 1986 Act were so onerous that most landlords chose to let their land via licences (although a number of these were converted into AHA tenancies).

Landowners can prevent rights of way by prescription

A recent case means that landowners may be able to prevent trespassers from acquiring a right of way by prescription by the erection of notices proclaiming that the land is private. Landowners, particularly of rural land, can be vulnerable to trespassers acquiring an easement over their land by prescription. Any rights secured against that land could reduce its value and prevent the land being used free of restrictions.
1 2 3 4 5 6

Filter by article type