Law & the Built Environment
Description
Complete textbook on construction, real estate, and property management law with extensive coverage of specialist areas of the built environment
Law and the Built Environment is a core textbook for all students undertaking compulsory law modules in construction, real estate, and property management programs of study. Key principles of English law are placed in their relevant professional context and clearly explained. The book also covers specialist areas of built environment professional practice such as health and safety, rent review, dilapidations, and lease renewals.
This Second Edition has been revised and updated by practicing lawyers and lecturers with many years of teaching experience in their areas of expertise. The text has been substantially rewritten to bring all chapters up to date. New chapters cover civil procedures for anti-social behavior, construction law practice, and alternative dispute resolution. Other chapters with significant updates include those pertaining to construction payment, negligence and nuisance, ownership and co-ownership of land, third party rights in land, removal of tenants' fixtures as a landlord, and water pollution and contaminated land in the public domain.
Law and the Built Environment provides in-depth information on:
- Law of contract, covering representations, terms, agreements, considerations, illegality, and contract conclusions
- Public law, covering substantive and procedural grounds, time limits, prerogative remedies, injunction, and building control process and body
- Dispute resolutions, covering causes of disputes, pre-action protocols, costs, enforcement and appeals, and pros and cons of litigation
- Law of torts, covering occupier liability, lawful visitors, trespassers, defamation, and the Latent Damage Act of 1986
Law and the Built Environment is an excellent resource on the subject that caters primarily to students studying built environment subjects at the bachelor's level. It is also highly suitable for students at the HNC and HND levels, those undertaking professional examinations, and as introductory reading for master's students.
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Person
DR JILL ST GEORGE is a law lecturer at the Open University, UK. Jill's teaching specialism is land law, having been responsible for course creation, updates, teaching and assessment of land law at numerous institutions and published in areas including TOLATA and residential conveyancing.
KATE ELLIS is a Senior Lecturer in construction law at London South Bank University in the School of Construction Property and Surveying. She has been teaching law to post graduate and undergraduate construction students since January 2012 and thus has an in depth understanding of the application of law in the construction industry and the requirements of students. Kate was Called to the Bar by the Honourable Society of Gray's Inn in July 2008 and has worked as a lawyer in Guernsey where she specialised in property conveyancing. Kate is currently a PhD candidate researching construction industry culture from an inclusivity perspective.
Content
Preface xxi
Table of Cases xxiii
Table of Statutes xxxix
1 The Administration of Law 1
1.1 The Nature of Law 1
1.2 Divisions of Law 2
1.3 Sources of Law 5
1.4 The Court System in England and Wales 17
1.5 Alternative Dispute Resolution 25
1.6 Legal Professionals 28
1.7 Court Procedure 31
2 Law of Contract 41
2.1 Introduction 41
2.2 Contract Construction 44
2.3 Contract Conclusion 72
2.4 Remedies 79
2.5 Agency 85
2.6 Construction Industry Contracts 90
2.7 Housing Grants, Construction and Regeneration Act 1996 (HGCRA) 94
3 Construction Contract Law 97
3.1 What Is Construction Law? 97
3.2 Formation of Construction Contracts 102
3.3 Workmanship and Materials 106
3.4 Payment 116
3.5 Liquidated Ascertained Damages 121
3.6 Variations of the Contract 126
3.7 Protecting Third Parties 129
3.8 Insurance 132
4 Law of Torts 135
4.1 Introduction 135
4.2 Negligence 137
4.3 Vicarious Liability 160
4.4 Nuisance 162
4.5 Trespass 177 4.5.1 Trespass to Land 178
4.6 Defamation 183
4.7 Breach of Statutory Duty 189
4.8 Employers Liability 191
4.9 Product Liability 192
4.10 Remedies 194
5 Land Law 197
5.1 Introduction 197
5.2 Defining Land 198
5.3 Owning Land 202
5.4 Co-ownership of Land 204
5.5 Evidencing Ownership of Land 206
5.6 Adverse Possession 210
5.7 Third-party Rights in Land 217
5.8 Commonhold 241
6 The Law of Landlord and Tenant 243
6.1 The Leasehold Estate 243
6.2 Formalities for the Creation of Leases 247
6.3 Termination of Leases 248
6.4 Removal of Tenants' Fixtures 249
6.5 Covenants in Leases 249
6.6 Repairing Covenants 257
6.7 User Covenants 258
6.8 Covenants Against Alterations 259
6.9 Assignment and Sub-letting 260
6.10 Enforceability of Covenants in Leases 264
6.11 Remedies for Breach of Covenant 265
6.12 The Statutory Codes 269
6.13 Leasehold Enfranchisement and Extension 272
6.14 Business Tenancies 273
7 Public Law 277
7.1 Introduction 277
7.2 Judicial Review 278
7.3 Building Regulations 286
7.4 The Planning System 289
7.5 Water Pollution 298
7.6 Contaminated Land 300
7.7 Waste Management Law 302
7.8 Emissions from Buildings 305
7.9 Health and Safety at Work 307
8 Dispute Resolution 313
8.1 Causes of Disputes 313
8.2 Litigation 314
8.3 Alternative Dispute Resolution 318
Index 329