Category: For you
What is private nuisance?
Private nuisance is a civil matter, referred to as a tort, against land and is the unlawful interference with a person’s use or enjoyment of land or of some right over or in connection with that land. To establish a claim under English law certain elements must be satisfied:- Interference – there must be a... Read more »
Why Extend Your Lease?
Extending the lease can provide security and increase the property’s value. A lease extension is the legal process that allows leaseholders of residential properties to extend the length of their lease agreement with the landlord. This typically applies to leasehold properties, where the leaseholder owns the property for a fixed period of time. The process... Read more »
What is Adverse Possession?
What is Adverse Possession? An application for adverse possession enables a third-party non-proprietor to claim a legal right over someone else’s land. The origins can be traced to medieval England where it was a solution in the absence of written records allowing individuals who openly occupied land continuously for a specified period to claim ownership... Read more »
What is TOLATA?
Most commonly, the Trusts of Land and Appointment of Trustees Act 1996, often referred to as ‘TOLATA’ is relied upon when a dispute arises between non-married cohabitees or family members who live in a property that is solely owned by one of the parties or owned through joint tenants/tenants in common. It is used by... Read more »
What is a Section 21 Notice?
Navigating the intricacies of property rentals involves understanding various legal aspects, and one key element is Section 21 eviction notices. Whether you’re a landlord seeking to regain possession of your property or a tenant wanting to know your rights this article aims to shed light on the essentials of Section 21 evictions but you should... Read more »
Section 8 notices: Key tool for landlords reclaiming property from breach tenants
In the UK section 8 notices stand as a crucial tool for landlords seeking possession of a residential property due to tenant breaches. Here we outline the key information for both landlords and tenants involved in the rental process. Section 8 of the Housing Act 1988 provides landlords with a framework for seeking possession of... Read more »
Strategies to minimise Inheritance Act claims
With the increase of blended families, testators are increasingly seeking ways to reduce the risk of a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 which enables the court to make financial provision out of the estate of a deceased person for his or her family and dependants. Whilst there are... Read more »
Trusts claiming to protect assets from tax and care fees are usually too good to be true
In the last two months alone, I’ve been instructed by four different clients who had ‘property protection trusts’ (also called ‘wealth preservation trusts’, or similar). Each had relied on the advice of non-solicitor advisors to variously save inheritance tax (IHT), probate fees and care fees. In all cases, the legal work was done remotely by... Read more »
How to remove a caveat?
It has recently been made possible to apply for a caveat online which has led to a surge in entries. However, it is altogether more challenging to remove a caveat. Here we investigate the processes and options available. What is a caveat? A caveat is a notice used to prevent a grant of probate from... Read more »
Explaining probate actions: which one is right for you?
Disappointed beneficiaries often find themselves navigating a complex web of potential probate claims against an estate. Some of the most common probate claims involve challenging testamentary capacity, asserting undue influence, bringing a proprietary estoppel claim or pursuing various trust-based claims. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) are often... Read more »