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The Importance of a Lasting Power of Attorney

From my experience in practice, I have found it so important that clients instruct us to prepare Lasting Powers of Attorney as there are considerable advantages in having a properly executed Lasting power of attorney. Lasting Powers of Attorney cover both areas of your property and finance and your health and welfare. Lasting Powers of [...]

Is the freeholder responsible for noise nuisance caused by an upstairs neighbour?

We have found more and more cases coming before us where tenants are complaining of noise caused by upstairs neighbours. Some buildings are not well insulated and don’t have good sound installation. Often it is difficult to sue the tenant upstairs because they may not have the means to satisfy any Judgment and the law [...]

Good News for Property Developers?

I have seen a recent case called Lamble V Buttaci in 2018. The applicants, who can be considered as property developers for want of a better description, wanted to build three new structures on their property - a house, a garage and a large summer house. The neighbours objected to this because of the effect [...]

The Way to Reduce Property Fighting is to Put it in Writing

I am often taken aback by the amount of instructions I receive from owners of property who have current problems where they own a property jointly with either a family member or cohabitee. Circumstances have changed over the years and they have often fallen out with the cohabitee or family member and, for example, when [...]

To Resolve or Mediate your Dispute or Not?

Now that we have got over GDPR and life can return to ‘normal’ I thought I’d deal with the subject of whether to mediate a dispute, or not, which is becoming increasingly important in litigation disputes. As a qualified mediator, I am sometimes asked by potential clients if I can mediate a case for them. [...]

Hot Legal Topics in Property Law

There are several “hot” topics affecting property law being discussed nowadays and I hope the following article will give you an insight into some of the matters affecting our clients that we deal with on a daily basis. Stamp Duty It is quite surprising when I look back at property prices that the current surcharge [...]

Top Tips for a Successful House/Flat Property Purchase

Spring is now upon us and we just have come through the end of the cold winter and peoples’ thoughts are turning to their property purchase in the new season. We thought that we would bring together some top tips based on our experiences of acting for clients in the property market for over 19 [...]

An Old Case involving a Will that Stands the Test of Time

In a recent case of James v James and others, High Court Judge HHJ Paul Mathews was concerned with issues of testamentary (ability to understand a will) capacity where a Will was being challenged and the test for capacity was defined in the Mental Capacity Act 2005. In general where a Testator (a person who [...]

Why do Disputes Happen?

Over the years, Saul Marine & Co has handled a number of disputes in a variety of courts and at a variety of levels. Sometimes small amounts were involved and sometimes there are larger amounts and often litigation happens on points of principle. Looking at some of the cases that we have conducted, I would [...]

Property Fraud does NOT Pay

The August holidays are now over and slowly the courts are getting busier with interesting cases for the new season, including those involving property fraud. We are always interested in reporting new and interesting cases. One property fraud case that caught my attention was a case called Farakh Rashid (F) v Mohamemd Rashid (M) which [...]

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