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Property: what lies beneath?

13 September 2024 / Andrew Francis
Issue: 8085 / Categories: Features , Property , Local authority , Nuisance
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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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NEWS
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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