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Property law

Our Property Law Team offers advice and representation to individuals, businesses and institutions

Our experienced team of practitioners regularly deal with issues such as:

  • Property and use of land disputes including matters before the Land Adjudicator (Property Chamber): boundary disputes, restrictive covenants, easements, adverse possession, rights to light and others
  • Issues for leaseholders: all Leasehold Valuation Tribunal (Property Chamber) disputes (enfranchisement, lease extension, right to manage, and service charge disputes – prejudice arguments following Daejan v Benson) right to buy and right of first refusal, lease variations
  • Disputes about title to property and other property rights: trusts of land including Trusts of Land and Appointment of Trustees Act 1996, proprietary estoppel and similar claims
  • Commercial landlord and tenant issues: Landlord and Tenant Act 1954 disputes including advising on security of tenure and contracting out, termination and renewal; compensation, alterations and dilapidations, breaches of covenant, rent review assignment, renewals, rent review, and service charges issues, and disclaimer, forfeiture or surrender

We are pleased to accept instructions from fellow professionals under licensed access and public access instructions. We can also provide mediators for disputes in all these areas.

Some of our property law cases from the higher courts

Court of Appeal

Smith v Doncaster Metropolitan Borough Council [2014] EWCA Civ 16
Nine-month committal sentence for breach of planning law upheld even where contempt or no longer in control of the land so no longer any coercive element to sentence.

Dunbar Assets PLC v Dorcas Holdings Ltd [2013] EWCA Civ 864, [2013] All ER (D) 159 (Jul)
A lender held loans secured on a property owned by a borrower company. Possession proceedings brought by bank. We acted for resident partner of director and tenant. The trial judge was satisfied that there was nothing in the defences and granted a possession order without a trial or hearing any submissions. The Court of Appeal set the order aside because it was unjust because of a serious procedural irregularity. Now referenced in White Book.

Tan v McIntosh 22 May 2013, Court of Appeal
Acting for estate of late wife, we successfully resisted husband’s attempt to pursue second appeal when already divorced but claiming he had beneficial interest in property. Successfully resisted appeal against executors by ex-husband seeking to set aside consent order under divorce and claim beneficial interest in former matrimonial home.

High Court

Doncaster MBC v Winstanley [2013] EWHC (QB) [2013] All ER (D) 131 (Jul) 8 July 2013
Committal proceedings where we acted for a farmer who had already been fined £250,000 for breach of enforcement notices. The High Court imposed a 12-month sentence, suspended only if the site was cleared within 28 days. Nine months of the sentence was subsequently activated for continued non-compliance.

Ali v Khan BM20293CH Chancery Division, High Court
Adverse possession: Client had controlled neighbouring property for many years and spent money maintaining it. Legal ownership registered to someone else. Objected and obtained adverse possession finding. Successfully resisted appeal against adverse possession finding. Legal owner removed from the Register.

Turner v Chief Land Registrar [2013] EWHC 1382 (Ch)
A case in which it was held that a squatter in the course of extinguishing the documentary title, the limitation period not yet having expired, cannot register a caution against first registration except in every limited circumstances.

Civil Clerks

If you would like more information about our Property Team, please email the clerks at or call us on 020 7993 7600 and ask for a Property Team clerk.