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Consumer Law & Dispute Resolution Blog

Our consumer law and dispute resolution specialists regularly write about related legal topics and news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229..

Enforcing restrictive covenants

Joanne Ellis
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Restrictive covenants are legally binding conditions placed on land or property to control its use and protect surrounding properties. If a covenant is breached, the person or entity benefiting from it may have the right to enforce it. However, enforcing...

Understanding a deed of release of restrictive covenant

Joanne Ellis
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A restrictive covenant is an agreement embedded within a property deed that restricts or governs the use of the land or property by the owner. Often found in property transactions, restrictive covenants are originally put into place to maintain certain...

Can you sell a house with a boundary dispute?

Joanne Ellis
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Selling a property is often a challenging endeavour in itself, and when you factor in a boundary dispute , the process can become significantly more complex. A boundary disagreement with a neighbouring property owner can diminish your property value, delay...

Buying a house with Japanese knotweed: what you should know

Joanne Ellis
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When contemplating the purchase of property, you may encounter various unexpected issues that could influence your decision. One particularly challenging scenario for potential buyers is discovering Japanese knotweed on or near the property. Japanese...

Breach of restrictive covenant time limit

Joanne Ellis
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Restrictive covenants impose legally binding conditions on how a property can be used or developed. If a homeowner or landowner breaches a restrictive covenant, enforcement action can be taken, but this must be done within certain time limits. ...

Single party expert or joint expert - which is best?

Alysia Leigh
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In many cases expert witnesses are often required to help establish liability or to quantify claims. There are 2 ways to instruct an expert witness in a case. An expert can be instructed on an individual basis by just one party or on a joint basis...

Who pays for a boundary dispute?

Joanne Ellis
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A boundary dispute can arise quickly and unexpectedly, often catching property owners off-guard. When neighbours disagree over property lines, the question often follows: who is responsible for paying the costs associated with resolving these disputes? This...

Who is responsible for right of way maintenance?

Joanne Ellis
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Questions surrounding the responsibility for maintaining a right of way commonly arise in property law disputes. Owners, tenants, and those granted easements often face uncertainty regarding their roles. Understanding exactly who bears the...

What to do if your neighbour has Japanese knotweed

Joanne Ellis
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Japanese knotweed is a highly invasive plant species that can cause considerable damage to property and can be challenging to eradicate once established. If you suspect or have confirmed that your neighbour has Japanese knotweed on their property, it is...

What proof do you need for adverse possession?

Joanne Ellis
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Adverse possession is a legal principle that allows a person to claim ownership of land belonging to someone else if they have occupied it without permission for a specified period. However, claiming adverse possession can be complex, and providing the...

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