Property Law & Practice Essay Dissertation Help

Based on the areas of law we have studied during the first half of the module this assignment asks you to provide advice on potential legal liabilities that might arise out of the redevelopment of
a derelict site. Only those areas of law that we have studied need to be referred to in your answer. The facts of the scenario you are asked to advise on are described below. However, where facts
are not stated, you are also free to make reasonable assumptions in framing your answer.

Your client is Peel Developments Ltd. It is in the process of acquiring the freehold interest in a site which is situated in what was formerly one of the industrial areas of Salchester, a post
industrial city that is currently undergoing substantial urban regeneration.

The site is occupied by an old three-storey Victorian factory building which has been derelict for over 10 years. It is in an extremely dangerous condition and, although boarded up, it is known
that homeless people frequently gain access to the building which is well-known locally as “the Hilton”.

Peel already has well-developed proposals to demolish the existing building, and to erect a new ten-storey luxury apartment complex with underground car parking facilities on the site. The design
work has all been undertaken in-house. The demolition and construction work has already been sent out to tender and, following completion of the purchase of the site, Peel intends to let the
contract for the construction work to Maxwell Construction Ltd. Following completion of the project Peel will then dispose of the apartments directly to individual purchasers.

Because of its city centre location the site is extremely close to a large number of other properties – also constructed in the Victorian era – owned by other parties. A tower crane will be used
for the construction operations and it will be necessary for its jib to swing over the land occupied by several neighbouring properties. The existing building also shares party walls with adjoining
buildings on three of the four site boundaries. A number of the adjoining buildings also have windows which directly overlook the site.

Your contact at Peel is the managing director, Mr Clifford Whitworth. He is determined to keep the costs of the development down, and to minimize any potential legal liability to any other parties,
either during the course of the construction operations, or thereafter. He has specifically requested that all necessary exclusion clauses and notices be used throughout the process to avoid any
liability to the future owners of the apartments, to the owners of neighbouring properties, or to anyone else who might potentially be affected by the development. In order to avoid what he
describes as “gratuitous claims” from disgruntled neighbouring owners he has also requested that there should be no communications of any sort with them either before or during the redevelopment.

Mr Whitworth has asked you to prepare a detailed report on these matters. It should identify any potential legal liabilities by Peel or Maxwell to future owners of the apartments, to the adjoining
owners or anyone else, which might arise out of the proposed development or the subsequent sale of the apartments. Your report should also include specific advice on the instructions relating to
exclusion clauses and notices, and to the avoidance of communications with neighbouring owners.

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