13 September 2024
Can we ever truly know what lies beneath? The worst fears of property lawyers & their clients can come alive, as Andrew Francis, barrister at Serle Court, writes in this week’s NLJ
‘Alive’ is meant literally in the two cases he examines; one concerns high-voltage electricity cables and the other relates to the monstrously fertile plant, Japanese knotweed.
For the solicitors involved, the discoveries resulted in a professional negligence lawsuit regarding the cables and a private nuisance claim over the knotweed.
Francis looks at the circumstances, legal issues and findings. He writes: ‘Both cases are examples of the need in transactions and in litigation to look at what lies beneath property, both literally and metaphorically.’
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