Property Litigation
Land Law’s team of specialist property litigation solicitors can advise on all aspects of contentious property matters, including the prospects of a case, court proceedings, enforcement of court judgments, and settlement. The team has experience in a wide range of courts and tribunals and, additionally, advises on strategic issues in non-contentious matters. The team’s landlord and tenant work includes lease renewals, break notices, dilapidations issues, forfeiture, Landlord and Tenant insolvency and alienation disputes.
The team demonstrates an exceptionally high level of expertise in what is by its very nature a technically challenging area of legal practice. It has an ability to quickly assess the merits of a particular dispute and identify the key issues that require investigation. This results in clear, commercial advice on the relative benefits of pursuing alternative courses of action including appropriate recommendations which are usually followed.
Recent work includes:
Recovering possession of a retail site from tenants to allow for a £5m development.
Advising on a contentious matter between two parties to a joint venture regarding the alleged undervalue of a joint venture property sold for £2m.
A successful claim before the Land Registry First Tier Tribunal involving complex arguments regarding the certainty and binding nature of an express deed of grant which had failed to be registered on two registered titles, as well as subordinate applications for prescription rights. This was followed by settling a professional negligence claim against the client’s former solicitors on the matter.
The settlement of a professional negligence claim worth over £100,000 against another firm’s property department, after their advice left the client with a landlocked site.
Negotiating a £200,000 release of restrictive covenants over neighbouring land
Devising an alternative structure for a deal, after a request for consent to assignment of a substantial leasehold property (rent circa £350,000 with over five years remaining) was denied. This involved detailed examination of intra-group cross guarantees, on which basis the consent was denied.
Issuing of proceedings against two international mobile telephone operators, who had tenancies over telecommunication masts on our client’s site. The matter involved complex advice regarding the interplay between the Landlord and Tenant Act 1954 and the Telecommunications Act 1984.
Providing tactical advice to obtain vacant possession of a development site subject to protected tenancies. The tenant issued proceedings, which were discontinued following the evidence we produced in support of our client.