Everyone has been affected by the recent economic downturn. In times like these we all want to protect the assets we’ve taken time and effort to acquire and build.
Last year Kingsley Wood & Co made new law: winning an action raised for clients to protect their property interests against a background of the recent abolition of the old feudal system and the resulting uncertainty over right and interest to enforce title conditions. (See Kettlewell v Turning Point 2011 SLT (Sh Ct)143)
A national charity bought a house within a local housing development and tried to use it as a residential home. This was at odds with the conditions set down when the individual plots within the site were sold and built out. Our clients objected to the change because of its affect on the value of their adjacent houses and on the amenity of the estate.
The case took some five years and tens of thousands of pounds to reach a conclusion! After complex legal arguments the Court judgment held that although the title conditions had been set before the legislation which abolished the old system, the owners of property within the estate still had the right title and interest to enforce them. The evidence showed that changing the use of the property would have had a material detrimental effect on the value of the houses in the estate and the ability of the residents to enjoy living there.
Noise; disturbance; the effect on “re-saleability”; and the restriction on the remaining owners’ ability to use their properties as they had in the past were all taken into account by the Court in reaching its decision. Ultimately the clients’ perseverance and determination allied to Kingsley Wood & Co’s legal knowledge and meticulous presentation was successful in protecting and preserving the client’s most valuable assets – their homes.
We regularly advise on all aspects of property law and would be happy to help you with any questions or concerns you may have about your property. Kingsley Wood and Julie Terrey who have many years experience in property law and the purchase and sale of commercial and residential property would be pleased to assist.
Initial Free Consultation
If you have any questions or concerns, however small, about protecting your property, then call Kingsley Wood or Julie Terrey for an initial consultation.