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In this issue: Key developments and horizon scanning Trespass and adverse possession Easements and covenants Disputes and remedies Enforcing security and property insolvency Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&A Key developments and horizon scanning Law Society sets out key asks to next government The Law Society of England and Wales has outlined its principal asks of the next administration. President Nick Emmerson stressed that, whichever party succeeds at the polls, legal services should be placed at the centre of economic growth plans, our commitment to the rule of law renewed, and proactive steps taken to safeguard and expand access to justice. He highlighted the legal sector’s contribution to the UK economy and urged the incoming government to ensure domestic firms are properly supported to invest, upskill and embrace new technology. Emmerson also...
Prima facie, a freehold estate covers everything beneath the land’s surface and the airspace directly above, seemingly without limit in both directions, though the purported absoluteness of that idea has been moderated in recent times. Accordingly, one freehold ought not to overlap with another at all. Even so, practitioners should remain alert to the existence of a ‘flying freehold’: a freehold (or part of it) that projects, or ‘flies’, above a neighbouring freehold; the property beneath, which extends under the flying freehold, is sometimes described as a ‘creeping freehold’. Today, such a situation would usually be dealt with by granting a long lease, yet flying freeholds (often created many years ago) still appear on a regular basis...
FORTHCOMING CHANGE: The Renters’ Rights Act 2025 The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions... A Absolute title A category of title available for registered land. Absolute title is the strongest class that can be granted; it denotes that, apart from matters on the register and any overriding interests, nothing affects the registered proprietor’s freedom to deal with the land... Abstract (of title) A certified summary, prepared by a lawyer, setting out the contents of the title deeds for a particular property... Acquiring authority See Compulsory purchase... Act of Parliament Legislation passed by both Houses of Parliament in the form of a written Bill and given Royal Assent. Sometimes called primary legislation. See also Secondary legislation... Adoption The legal process by which a highway in private ownership becomes a highway maintainable at the public expense....
DATE [ date ] Parties [ name of First Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner ) [ name of Second Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner ) [ [ name of First Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner’s Mortgagee ) ] [ [ name of Second Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner’s Mortgagee ) ] 1 Definitions For this Deed, the terms below shall have these meanings: ...