Residential property disputes

Rising Ground Rent in New Build Homes: Are solicitors to blame?

Over the last year there have been reports of newly built properties being effectively worth nothing after just six years due to excessive ground rent charges. A reported example was £101,000 paid for a flat in a new development but lenders then refusing to give mortgages to prospective buyers because a clause in the original leasehold agreement meant owners were liable to pay ground rent to the freeholder that would spiral to £8,000 a year.

Claiming a right of way by prescription.

Easements are rights of way and are common features of land ownership. Often a land owner will have an easement for the benefit of services and utilities that run over their neighbour’s land. Easements are often granted by a deed or are described in some form of legal instrument. Those easements are referred to as “legal easements” because they have been expressly granted. Easements may also be acquired by long use by a method referred to as “prescription”.

Orders for sale of property in joint ownership

An Order for sale is a Court judgment ordering the sale of a particular property. The Court will always specify the terms and the process by which the Property is to be sold. Orders for sale are commonly obtained in circumstances in which a trustee in bankruptcy, liquidator or judgment creditor wish to sell a property to repay debts owed by the owner of that property.

Neighbour disputes and party wall notices

Neighbour disputes often develop in circumstances in which one party intends to undertake building works to fences, walls or buildings that are in common or are in close proximity with their neighbour’s land. The Party Wall Act was designed to avoid such disputes by ensuring neighbouring property owners put each other on notice prior to undertaking those building works.
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