The Effect of Construction Operations on Interests in Land

At the doctrinal core of both construction law and land law, there is a clear rule that as construction materials are fixed to the land or the structure of an existing building, they lose their identity as personal property and become part of the land itself. The consequence of this rule can be seen in numerous different instances, from the different ways that payment is secured in the construction supply chain, to the current ‘cladding crisis’. There is, however, no unitary study of the relationship between construction law and land law. In his doctoral thesis, David Sawtell looked at this interface. His research identifies that there are considerable tensions in our current understanding of the law. In particular, there are consequences for construction law and leasehold interests that the Building Safety Act 2022 has only partially addressed.

David was awarded a Frances Paterson scholarship by the Society of Construction Law pursuant to his doctoral research. As part of his scholarship, he has been invited to make a presentation of his findings to the SCL.

David Sawtell undertook his doctoral research at the University of Cambridge, under the supervision of Professor Martin Dixon, the University’s Professor of the Law of Real Property, graduating this year. In the course of his PhD, he won the prize for the best paper presented by a doctoral student at the Society of Legal Scholars Annual Conference in 2021 for his paper ‘Injunctions, land and the cynical breach’. He became a Bye-fellow at Peterhouse, University of Cambridge, in 2022, where he teaches land law and equity alongside his full-time practice at 39 Essex Chambers.

(Please note that bookings must be made online for this event, and SCL will not take bookings by email)

Please also note: this event will attract 1 CPD hour unless otherwise advised at the beginning.