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Property litigation

Property disputes can be costly, time-consuming and damaging to business continuity for tenants, and unwelcome for landlords too: settling a dispute successfully protects your business and financial security. Our expertise in resolving complex property disputes can help you achieve the best outcome, prioritising your needs and objectives throughout.

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Wide-ranging property litigation expertise

Working on property agreements across all areas, we are highly experienced in resolving property disputes without recourse to court proceedings; our team has an 80-90% success rate in mediations. However, if your case does go to Court, we have an excellent track record of successfully defending clients.

To ensure the best outcome, we take time to understand your business fully, including conducting site inspections where necessary. We will talk you through the risks and options you face, providing pragmatic, commercially-focused guidance. In addition, we can use our industry connections to create a bespoke team of legal and property professionals for your case – including specialist counsel and surveyors.

We can also provide bespoke training for you and your organisation on specific contentious property issues. And with a transparent fee structure, we ensure your legal costs remain clear and manageable.

Highlights

Our Property Litigation Team has been involved in a number of high-profile cases and claims in this area. Highlights include:

  • acting in the case of Stadium Capital Holdings (No 2) Ltd v St Marylebone Property Company Plc and another [2010] EWCA Civ 952, a leading court of authority on how damages are calculated and awarded in property claims
  • acting in Topland Portfolio No. 1 Limited v Smiths News Trading Limited ([2014] EWCA Civ 18), a leading case on the liability of tenant guarantors
  • being invited as guest speakers at the RICS’s south west 2015 and 2016 continuing professional development (CPD) days

Expertise

Our expertise in this area encompasses:

  • termination of leases/applications for possession
  • service of break notices and notices to quit
  • determining interests – lease of licence
  • business lease renewal
  • Dilapidations and alterations
  • forfeiture of leases
  • recovery of rent arrears
  • Service charge disputes
  • rent review disputes
  • Issues arising out of farm workers’ tenancies
  • landlord and tenant breaches of covenant
  • options on tenant insolvency
  • Residential leasehold enfranchisement
  • orders for sale of land
  • contractual disputes on the sale and purchase of land
  • boundary disputes
  • restrictive covenants, benefits and burden issues
  • rights of way including prescriptive and express easements
  • rights of light, including interference and obstructions
  • drainage related issues
  • nuisance issues in respect of the use of land
  • establishing rights of ownership and interests in land
  • rectification of title issues
  • adverse possession
  • removing trespassers from land via possession applications
  • advising on claims for compensation relating to compulsory purchase of, or interference with, land
  • proprietary estoppel and misrepresentations concerning land disputes
  • land options and associated valuation issues
  • Private rights of way

The Property Disputes team at Thrings is one of the largest specialist practices in the region, and handles a broad range of issues.

Chambers and Partners 2013

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