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13 September 2024 / Andrew Francis
Issue: 8085 / Categories: Features , Property , Local authority , Nuisance
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Property: what lies beneath?

188886
Andrew Francis considers two ‘subterranean’ property cases, highlighting the importance of knowing what’s underneath the surface—literally & metaphorically
  • Considers in depth two cases, one concerning high-voltage electricity cables and the other related to Japanese knotweed.
  • These cases show how those involved in property transactions and related litigation should ask key questions in order to avoid or resolve disputes.

Unlike the film about supernatural events under the same title, released in 2000 (observant readers may have noticed the presence of the question mark in the title, differentiating this piece from the film), the topic considered in this article concerns two court judgments of high authority relating to what lies beneath land in very different circumstances.

These judgments concern high-voltage electricity cables and Japanese knotweed. Both are ‘live’ and the evidential thread which links them is that the source of the dispute was that each lay beneath the surface. The first is about solicitor’s professional negligence and the second is about causation of loss in private nuisance claims. The cases are Spire Property

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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