The law of private nuisance and the repurposing of properties

The law of private nuisance and restrictive covenants operates side-by-side with the planning system to control land use.  While the planning system increasingly encourages flexibility and repurposing, private property rights tend to be more restrictive.

It is not just freehold rights, but also rights arising under leases, which may constrain the freedom of both landlords and tenants.  Consent to change of use, derogation from grant, even repudiation of leases, may all play a part.  The move to repurposing is undeniable, nevertheless, and urban areas are increasingly mixed-use.

Whether or not housing is provided in a mixed-use development, residential occupiers increasingly find themselves next to commercial uses, with potential for conflict, and this is underlined by the high-profile nuisance claims which regularly make their way to the Supreme Court.

In this webinar you will consider the legal issues raised, and potential means of resolution of the difficulties.

Topics covered include:

• How modern case-law has recast the law of nuisance
• The tension between public law and private law
• Modification and discharge of restrictive covenants, both freehold and leasehold
• Derogation from grant and repudiation of leases
• Remedies for the tenant affected by landlord’s repurposing of neighbouring premises
• Remedies for landlords resistant to tenant’s change of use