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Property Law Journal: 20 February 2012

Antony Phillips and Christopher Hill provide an overview of the legal framework through which landowners can recover possession and some of the hazards that they need to avoid

Recent protest action has caused the issue of recovering possession of land from protestors and trespassers alike to feature very prominently in the news, most notably in relation to the ‘Occupy London’ movement. The threat and occurrence of trespassers of all forms gives landowners considerable cause for alarm.

Matthew Mainstone and Meeta Kaur assess the options open to homeowners likely to be affected by High Speed 2, the proposed national high-speed rail network

Cross-party consensus is that a national high-speed and high-capacity rail network is essential to linking communities, growing the economy and keeping the country moving. The government considers the current rail networks to be overstretched and overburdened, and that there is a compelling need for the country to join others in the ‘next railway revolution’.

Boyes Turner

John Starr reviews the parameters of an obligation to proceed with work in a sub-contract, and assesses the realms of privilege

Kathleen Fitzgerald reviews the findings of the Supreme Court on a lease with an uncertain term, and compares the Scottish position

In the recent case of Berrisford v Mexfield Housing Cooperative Ltd [2011], a seven-judge decision from the Supreme Court relied on 16th century case law and a provision of the Law of Property Act 1925. In the various summations, some interesting contractual scenarios were explored.

Laurie Heller provides a reminder of a case that has redefined the boundaries of a ‘structure’

The courts have shown a remarkable reluctance to provide a precise definition of the meaning of ‘structure’. The meaning is a matter of interpretation of the term in the document, usually in a lease in which it appears. As a matter of interpretation, it involves not only its dictionary, literal, meaning, but what the structure comprises as a matter considered in the document as a whole, against the background of the circumstances. As Neuberger LJ (as he then was) said in Marlborough Park Services Ltd v Rowe [2006]:

With changes to the tenancy deposit scheme legislation expected to come into force in April, Edward Cracknell assesses the practicalities of the legislation

The saga of the tenancy deposit scheme legislation, introduced in 2007, has taken another important turn, this time very much in favour of tenants. As those involved in letting properties on assured shorthold tenancies will know, the legislation has been the subject of a number of court cases and the government has now taken the opportunity to clarify the legislation.