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LATEST NEWS

Overlooking is Not a Private Nuisance – Landmark Court of Appeal Ruling

14th April, 2020 By

If you are a property occupier and have noise, dust, noxious smells, vibrations or other forms of nuisance inflicted upon you by a neighbour, the law will provide you with a remedy. However, the Court of Appeal has ruled in a landmark case that that principle does not apply to loss of privacy caused by overlooking. The case concerned a luxury apartment block which was overlooked by the external viewing gallery of a neighbouring museum. Residents of the flats complained that the gallery enabled thousands of museum visitors to look...

Former Couple's Division of Property Decided By Judge

9th April, 2020 By

Unmarried couples frequently intermingle their property whilst love still blooms, but sorting out who owns what after separation can pose a serious challenge. That was certainly so in the case of a former couple who, between them, owned two former council houses when their relationship ended in acrimony. During their relationship, which lasted more than 25 years, the couple exercised their right to buy their respective council houses. After encountering financial difficulties, the man had transferred his former home into the woman's name with the result that she became the...

Making a Will? Don't Forget Your Moral Obligations

7th April, 2020 By

You are in principle entitled to bequeath your worldly wealth to whoever you choose. However, as a High Court decision made clear, the law will intervene if you ignore your moral obligations when making your will. A successful motor dealer and property investor, who died at the age of 95, left the whole of his seven-figure estate to his granddaughter. His son and sole surviving child received nothing. The son's response was to launch proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, seeking reasonable provision from his...

When Is a Property 'Completed'? DIY House Builder Wins VAT Rebate

3rd April, 2020 By

DIY house builders are entitled to refunds of VAT they pay on materials used in their projects. However, as a decision of the First-tier Tribunal (FTT) showed, seeking such rebates is far from straightforward and a strict time limit applies. A man applied for a VAT refund after self-building a house for himself in the grounds of his father's home. HM Revenue and Customs (HMRC), however, refused the application on the basis that it had not been made within three months of the property's completion, as required by the Value...