Easements: How car parking easements can prevent development

Gowling WLG | Property Law Journal | September 2012 #294
Sarah Dawe reviews a case where at long last a right to park a car in a single, identifiable space has been upheld as an easement ‘A burdened landowner does not in general have the unilateral right to extinguish an easement over one area of land simply by providing an equivalent easement somewhere else.’ Car …

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Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Pinsent Masons | Property Law Journal | February 2012 #283
Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …

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Wind Farms And Noise Nuisance: Another chink in the armour?

Shepherd and Wedderburn LLP | Property Law Journal | October 2011 #278
An ongoing case relating to a claim for noise nuisance is likely to impact on future wind farms, as Jacqueline Cook finds out ‘Good intentions and acting in the public interest are no bar to an action for nuisance. Although he might be doing so in the public interest, a person committing a nuisance may …

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Restrictive Covenants: Not in my back yard!

Pinsent Masons | Property Law Journal | May 2011 #270
Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

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Rights Of Light: Heaney revisited

Nabarro LLP | Property Law Journal | May 2011 #269
Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …

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