Boundary Disputes: The Most Common Property Law Nightmare
Boundary disputes often arise from seemingly minor issues: the position of a fence, the line of a hedge, or the footprint of a new structure. Despite their modest beginnings, these disputes can escalate quickly, particularly given the feeling of intrusion to one's property which can follow. A boundary dispute can be territorial, positional, functional or resource based. The boundaries define where one person’s land ends and another’s begins; it establishes who is subject to t
Where There’s a Will… There’s Often a Way to Challenge It
Inheritance disputes over the distribution of assets following someone’s death are commonplace. It is, quite understandably, an area of law which is highly emotive and personal to those directly involved within the dispute. There may on occasion be disputes over the validity of a will; questions could be asked over the deceased's (also referred to as ' the Testator ') capacity, whether there has been fraud, or whether there has been undue influence. Such claims have become ev
A Litigator's Pocket Guide to Delightfully Random (But Useful) Civil Cases
In this article, I have selected 8 cases which all civil practitioners should be aware of, and break down their significance into bitesize chunks complete with analysis. Whilst making this list, I have opted to not select cases which are trite (although I do enjoy the likes of Donoghue v Stevenson [1932] AC 562, Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 and Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 , the latter of which y
Family Feuds & Final Wishes: A Practical Look at Inheritance Law
Inheritance disputes over the distribution of assets following someone’s death are commonplace. It is, quite understandably, an area of law which is highly emotive and personal to those directly involved within the dispute. For some, it will be an issue over their inheritance (or lack of), whereas others will have broader concerns. Inheritance disputes are also complex, with a menu of means to bring a challenge. For example, this could be in the form of challenging the validi
From Trespasser to Titleholder: Adverse Possession Explained
There are some circumstances where an individual can claim to be the owner of land or property that they have used and/or controlled without the permission of the registered owner. The individual needs to have used or controlled the land or property in the requisite manner, and for a certain period of time. Many people have heard of the term "squatter's rights", which is often used interchangeably with the true term "adverse possession". There is a fine distinction between th
