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ARTICLE · 06 NOVEMBER 2026

Property Litigation Cases Round-up: September 2026

Lester Aldridge LLP
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Five significant property litigation cases from September 2026 are examined, covering boundary disputes, contractual approval mechanisms, repairing covenants, and adjudicator jurisdiction. These decisions provide crucial guidance on conveyancing history, formal approval processes, tenant repair obligations, and the enforcement of adjudication decisions in construction disputes.

United KingdomReal Estate and Construction
Luke Stace
Luke Stace
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A review of key property litigation decisions from September 2026 covering boundary disputes, repairing obligations, adjudication and development agreements.

5 cases that caught our attention in September.

1. Etopia Eastry Ltd v Kent County Council

The first judgment concerns a dispute in which the claimant sought a declaration as to the location of the boundary. The defendant, Kent County Council, did not attend the trial.

Etopia Eastry Ltd v Kent County Council [2026] EWHC 2405 (Ch)

The Court held that even where a conveyance says its plan is only for identification and not for fixing boundaries “For identification but not delimitation”, the court can still rely on it to determine where the boundary should lie. Here, the wording of the 1941 conveyance did not precisely identify the boundary, but its plan did.

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