Rows of apple trees in winter

Property:

Knights has experience in landlord and tenant litigation and advises a number of estates and farms.


Legal 500 - 2010

Property - Disputes Print E-mail
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.

Contact Partner: Peter Burfoot - click here to contact by e-mail.