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It may be necessary to identify what rights are attached to the property that you are looking to lease or purchase. It is possible that these rights may not be sufficient for your needs or that there is a requirement to contribute to maintain or repair a right of way. Less obvious rights – such as those required in emergencies – need to be considered also. If no express rights exist WG Commercial’s Property Team will be able to advise you as to whether or not a prescriptive right of way has been established.

Dilapidations/Repairing Obligations

Unless there is disrepair, there has been no breach of a tenant’s covenant to repair. A Schedule of Condition attached to a Lease will “fix” the state of repair at the commencement of the lease and limit the extent of the repairs required. What a tenant is liable to repair is set out in the lease. Whether you are a landlord or a tenant and repairs are required during the tenancy or at the end of the lease, WG Commercial’s Property Team can guide you through the complex legal maze and if necessary represent you in relation to any associated litigation.

Asbestos

The Control of Asbestos at Work Regulations 2002 require a ‘duty holder’ to manage any asbestos in the premises and, depending on the terms of the Lease, this may well be the tenant.

Boundaries

Where there has been a trespass onto property and a boundary moved, there are a number of possible remedies that might be sought including:

Agreeing a boundary agreement and plan
Injunction
Damages
Declaration
Rectification

Party Wall

If you share a wall with an adjoining property that wall is known as a party wall. You must get your neighbour’s agreement before you can start any building work (e.g. extensions, damp proofing works, structural alterations and some internal refurbishment) that will affect the party wall or which are within 3-6 metres of your neighbour’s property. Notices need to be served before commencing works. WG Commercial’s Property Team will be able to advise you as to the appropriate course of action if, as is sometimes the case, a dispute arises.

Village Greens

If you are purchasing land for development, you need to investigate what use has been made of the land for the past five years or so to check that it has not been subject to public access. If it has been used previously, or continues to be used, for dog walking, picnicking or a range of lawful sports over a period of at least 20 years, the land could be subject to an application for registration as a village green. Once registered, it will make the land sterile, preventing any development projects in the future unless you apply for the land to be deregistered, which is not a straightforward process. WG Commercial’s Property Team can guide you through the process or advise you about defending an application registered by local residents.

For more information on commercial property law please contact the Southampton team on 02380 717414 or email deniseoatham@warnergoodman.co.uk or the Portsmouth team on 02392 776503 or email clairebattye@warnergoodman.co.uk