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Basement Developments: Going underground
John Midgley reviews the issues surrounding basement extensions by leaseholders ‘If the lease states that there is a limit to the area demised, any construction into the subsoil may amount to a trespass.’ Basement excavations have been popular for some time in areas where residential property is in high demand – especially as modern techniques …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Arnold v Britton & ors [2015] UKSC 36
- Davis v Yadegar (1990) 22 HLR 232
- H Waites Ltd v Hambledon Court Ltd & ors [2014] EWHC 651 (Ch)
- Kelsen v Imperial Tobacco Ltd [1957] 2 QB 334
- Lejonvarn & anor v Cromwell Mansions Management Company Ltd [2011] EWHC 3838 (Ch)
- Rosebery Ltd v Rocklee Ltd & anor [2011] EWHC B1 (Ch)
- Star Energy Weald Basin Ltd & anor v Bocardo SA [2010] UKSC 35