UKProperty
Property law, conveyancing, strata management
24 questions
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Compulsory Purchase
(3)The council wants to compulsorily purchase my home for a development.
The council can only compulsorily purchase your home if it has legal authority for the development and follows strict statutory procedures, including serving a notice and offering fair compensation.
What compensation am I entitled to if my land is compulsorily purchased?
You are entitled to compensation based on the market value of your land, plus additional payments for disturbance, severance, and injurious affection, as set out in the Compulsory Purchase Act 1965.
What rights do I have if the council uses CPO powers on my property?
If your property is acquired under a Compulsory Purchase Order (CPO), you have the right to fair compensation, to object before confirmation, and to challenge the CPOβs validity or necessity β all protected under the Compulsory Purchase Act 1965.
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Leasehold Rights
(6)I want to buy a leasehold flat. What are the implications?
Buying a leasehold flat means you own the property only for the length of the lease, not the land β youβll pay ground rent and service charges, and may need the freeholderβs permission for changes.
My leasehold has less than 80 years remaining. Can I extend it?
Yes, you can extend your leasehold even if it has less than 80 years remaining, but the process and costs depend on whether you qualify under the Leasehold Reform, Housing and Urban Development Act 1993 β the 1967 Act does not apply to flats or lease extensions.
I own a flat and the freeholder won't maintain the building.
As a leaseholder, you have legal rights to compel the freeholder to maintain common parts of the building under your lease and the Landlord and Tenant Act 1985. If they fail, you may apply to the First-tier Tribunal (Property Chamber) for an order or seek cost recovery.
I want to convert my property to freehold. What is the process?
To convert your leasehold property to freehold in England and Wales, you may be eligible to enfranchise under the Leasehold Reform Act 1967 β but only if your property is a house (not a flat), you have owned the lease for at least two years, and it meets statutory criteria.
I own a leasehold and the ground rent has increased dramatically.
The Leasehold Reform Act 1967 does not regulate or cap ground rent increases for most leaseholds β it mainly gives qualifying leaseholders the right to extend their lease or buy the freehold. Ground rent rises are usually governed by your lease terms.
The freeholder wants to sell. Do leaseholders have a right of first refusal?
Yes, qualifying leaseholders in England and Wales have a statutory right of first refusal when the freeholder intends to sell the freehold interest in a building containing flats.
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Neighbour Disputes
(5)My neighbour is building an extension that blocks my light. What can I do?
You may have a legal right to light if your windows have received uninterrupted daylight for at least 20 years β this is protected under the Prescription Act 1832, not the Law of Property Act 1925 s.62, which does not govern rights to light.
I share a boundary fence with my neighbour. Who is responsible for repairs?
There is no general legal rule in England and Wales saying who must repair a shared boundary fence β responsibility depends on ownership, property deeds, or agreement, not the Law of Property Act 1925.
My neighbour's tree roots are damaging my property. Am I liable for removal costs?
No, you are not liable for removal costs β your neighbour is responsible for preventing their tree roots from causing damage to your property.
I'm in a boundary dispute with my neighbour. How is it resolved?
Boundary disputes in England and Wales are usually resolved by checking the title register and title plan from HM Land Registry, with formal determination possible under the Land Registration Act 2002 s. 60 if the boundary is not clear.
There's Japanese knotweed on my neighbour's land spreading to mine. What can I do?
You may have a private nuisance claim against your neighbour if Japanese knotweed from their land encroaches onto yours and causes damage or interferes with your use of the land.
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Boundaries & Easements
(3)There's a restrictive covenant on my property preventing building. Can I remove it?
Yes, you may apply to the Upper Tribunal (Lands Chamber) to modify or discharge a restrictive covenant under section 84 of the Law of Property Act 1925, if certain legal conditions are met.
My property has a public right of way across it. Can I stop people using it?
No, you cannot lawfully stop people from using a public right of way across your property β it is a legal right enjoyed by the public, and obstructing it may be a criminal offence.
What is an easement and how does one arise?
An easement is a right to use another person's land for a specific purpose, such as a right of way. It can arise by express grant, implication (including under section 62 of the Law of Property Act 1925), prescription, or necessity.
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Adverse Possession
(2)I've lived on land for 12 years. Can I claim adverse possession?
Yes, you may be able to claim adverse possession of registered land in England and Wales after 10 years β or 12 years for unregistered land β if your occupation was factual, exclusive, open, and without the ownerβs consent.
Can I claim adverse possession of registered land?
Yes, but it is extremely difficult to claim adverse possession of registered land in England and Wales β you must occupy it without consent for at least 10 years and meet strict legal conditions under the Land Registration Act 2002.
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Planning & Development
(2)Can I build on my land if there's no planning permission yet?
No, you generally cannot lawfully build on your land in the UK without planning permission β doing so risks enforcement action, even if you own the land.
I want to add a conservatory. Do I need planning permission?
In most cases, you do not need planning permission to add a conservatory in the UK β it is usually considered permitted development, provided it meets specific size, height, and location rules.
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Property Issues
(3)I bought a property but there's a charge on the title I wasn't told about.
If a charge on the property title wasnβt disclosed before you bought it, you may still be bound by it β unless itβs an 'overriding interest' or you qualify as a 'purchaser for valuable consideration' under the Land Registration Act 2002.
I sold my property but the buyer says there are undisclosed defects.
In the UK, buyers generally buy property 'as is' unless defects were deliberately concealed or misrepresented β sellers have no general duty to disclose defects under the Law of Property Act 1925.
My property was damaged by flooding. Is the local authority liable?
Generally, the local authority is not automatically liable for flood damage to your property β liability depends on whether they failed in a specific legal duty, such as poor maintenance of drainage systems or breach of statutory duty.