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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. [...]

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 [...]

With Commercial Property who Owns What Share when Partners Fall Out

What is the position when partners jointly purchase commercial property as an investment and then fallout. How do you determine their ownership of the property? Property is owned legally as well as beneficially. Legal interest in the commercial property may be different to the beneficial interest in the property. For example the legal owners can [...]

Shareholder Agreement – a Necessity

The importance of having a well-prepared shareholder agreement can’t be overstated. In practice, I have come across many situations where my client and another investor have set up a business only to find that after some months one of the investor ceases to participate and then the non-interested investor seeks to claim a return on [...]

Where is my Legal Boundary in relation to Property?

Where is the Legal Boundary? There is often a misunderstanding in homeowners’ minds as to where the legal boundary is between themselves and their neighbour. Many homeowners consider that their deeds or deeds’ plans can determine where the boundary line is or failing that the Land Registry title plan. The position is not as clear [...]

Litigate or engage in Mediation Services?

Although your first thought is litigation, why should you consider one of the many types of mediation services that are available? In the case of Laporte v Commissioner of Police (2015 ) EWHC 371, the Claimant lost in a claim against the Defendant but nevertheless claimed that the Defendant should not be awarded costs because [...]

Family Law – Can an Adult Child be Disinherited?

Last year in a case on family law, Ilott v Mitson, the Court of Appeal held that the late Mrs Jackson was not entitled to disinherit her adult daughter and leave the bulk of her Estate to charity.  The case attracted much publicity. The Court of Appeal held that Mrs Ilott was entitled to approximately [...]

Six reasons to instruct a local Solicitor

1.  Established. A well-established local solicitor will have lots of repeat business and recommendations that can be found on their website. 2.  Experience The Principal of the practice must have many years of experience and have dealt with cases, both contentious, as well as non-contentious. This is important as for example, if during a property [...]

Conflict Resolution between Neighbours

Neighbour disputes are on the increase due to a combination of factors such as the increasing population size and density of population and housing leading to more conflict resolution cases being undertaken by solicitors.

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