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Property litigation

Whether you are a landlord or a tenant, property disputes can be costly and time-consuming. They can cause an unwelcome disruption to business continuity and threaten your commercial and financial security. By assisting you with skill and expediency, reaching resolution of even the most complex property disputes need not take your focus away from your wider business needs and objectives.

Key Contacts

TAILORED LITIGATION SUPPORT

Your issue might relate to a business lease renewal, an application for possession, the recovery of rent arrears, a dispute over service charges, breaches of covenant by landlord or tenant, insolvency, nuisance or trespass. Whether complex or straightforward and whatever the potential range of issues involved, your case will be carefully considered on its own merits.

We’ll take an in-depth look at your business, including conducting site inspections where appropriate, so that we can provide you with pragmatic, commercially-focused guidance. Our team will explore the options available with you, and will ensure you have a clear assessment of the associated risks so that you can make the decisions that are right for your business, with confidence. Our transparent fee structure ensures your legal costs remain clear and manageable.

With strong industry connections we can create a bespoke team of property professionals for your case, including specialist counsel and surveyors where needed. We are highly experienced in resolving property disputes without recourse to court proceedings, with a mediation success rate in excess of 80%. However, if your case does go to Court, we have an excellent track record of successfully defending clients.

We can also help to future-proof your business by providing bespoke training for you and your organisation on specific contentious property matters, giving you the tools to successfully manage potential future issues.

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:

  • 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

Contact

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