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Property Law Journal: July/August 2015

Andrew Williams investigates a case that has clarified when damages in addition to an injunction may be an appropriate remedy and when loss of amenity value should be added

Consider the lawyer pleading a claim seeking relief in private nuisance. It may be tempting for them to assume that an injunction restraining the nuisance complained of would preclude an award of damages for any diminution in value the claimant’s property may suffer if the nuisance were to continue.

CBRE

Graham Burrell reports on changes in capital allowances legislation and the practical steps that should be taken to ensure allowances are fully utilised

After the introduction of what many described as the most significant changes to the capital allowances legislation since the abolition of industrial building allowances, what is their impact on the property sector 12 months on?

Tim Willis and David Perry examine whether the manifesto commitment to extend the right to buy to social housing stock is the right idea at the wrong time

Despite some negative press coverage and warnings of potential judicial review, the new Conservative government has wasted little time in bringing forward its manifesto commitment to extend ‘right to buy’ legislation to social housing stock.

The law, like the property market, does not stand still. Against the backdrop of a market that is rising rapidly in places, Jonathan Brooks and Sandip Singh look at some of the key issues to come out of recent valuation negligence case law

Surveyors’ negligence cases abound following a boom, bust cycle, as overheated markets can lead to overvaluations and subsequent financial difficulties can lead to increased borrower default. Following the recession of recent years, and against the backdrop of a market that is now rising rapidly again in places, we look at valuation negligence law as it now stands.

Raymond Cooper explores whether trees which interfere with a right to light can give rise to a cause of action in nuisance or otherwise

Although there is no reported case on the subject, is there any reason in principle why trees which interfere with an established right to light of a building to a sufficient extent should not give rise to a right of action by the person entitled to the right, whether the trees in question are evergreen or (less certainly and depending on the specific circumstances) deciduous?

Ed Socha considers the issues that arise when reversions are split for both landlords and tenants

There can be very good commercial reasons why a landlord might want to sell part of their reversion or otherwise split the freehold title. However, where a split reversion is created, this has the potential to cause real practical difficulties for landlords and tenants alike.

John Starr

Is an engineer liable if a contractor is doing a job incorrectly? A recent case suggests not, as John Starr finds out

If you are having works done to your house and the engineer who has designed the structural elements of the works can see that the contractor is doing a bad job, should they be obliged to warn you or the contractor? As usual, it all depends on what the engineer has contracted to do.