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Private Law
Our property litigation work is wide-ranging and includes advice and representation in freehold, leasehold, tort-based and contractual disputes, before a variety of courts and tribunals:
Freehold
- Easements, especially access/private rights of way and light.
- Profits-à-prendre, especially sporting rights.
- Restrictive and positive covenants: enforcement; and modification/discharge of restrictive covenants pursuant to s.84 Law of Property Act 1925.
- Adverse possession and boundary disputes: registered and unregistered land; dispossession and proprietary estoppel.
- Disputes relating to title and trusts.
- Party Wall etc Act 1996.
- Trespass and nuisance, including environmental claims.
- Possession proceedings.
Leasehold
- Landlord and Tenant Act 1954, Part II.
- Dilapidations, reinstatement of alterations and statutory liability.
- Rent review.
- Breach of covenant and forfeiture/relief.
- Residential: Rent (Agriculture) Act 1976 and Rent Act 1977 tenancies; assured (shorthold) tenancies under the Housing Act 1988 as amended; disrepair claims; local authority housing.
- Agricultural: Agricultural Holdings Act 1986 and Farm Business Tenancies/Agricultural Tenancies Act 1995.
- Local authority gypsy and traveller sites.
- Possession Proceedings.
Contractual and other disputes
- Misrepresentation and undue influence claims relating to sale of property.
- Professional negligence, in particular related to the sale and purchase of property.
- Slander of title.
- Breach of contract claims for unpaid commission.
Private/public law overlap
Many of the property disputes in which we act and advise landholders, whether public authorities or private undertakings, have a public law element. Examples include:
- Heritage property regulation and use, including disputes over guardianship of monuments.
- Reservoirs Act 1975 and Flood and Water Management Act 2010 controls on lakes, reservoirs and dams.
- Obligations as to maintenance and rebuilding of piers.
- Railway Regulations Act 1842 and Railway Clauses Consolidation Act 1845; Light Railways Acts 1896 and 1912; rights of entry for works and compensation; compulsory purchase and accommodation works.
- SSSI designation and regulation under the Wildlife and Countryside Act 1981.
- Powers of entry and works by statutory undertakers pursuant to the Water Industry Act 1991.
- Applications to DEFRA for permission for works to and fencing of common land and pursuant to the Commons Act 2006.
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