Common Property Matters

Restrictive Covenants:

We can use specialist property counsel to, for instance:

1. Advise on the enforceability of an existing covenant;
2. Draft a new covenant;
3. Assist with applying to the Lands Tribunal to discharge an existing covenant;
4. Advise on obtaining an injunction to require observance of a covenant.

Leases:

We can use specialist landlord and tenant counsel to, for instance,

1. Draft a lease or tenancy agreement;
2. Check for pitfalls in an existing lease;
3. Advise on surrender, forfeiture or renewal of a lease;
4. Advise on and produce documentation to contract out of Part II of the Landlord & Tenant Act 1954;
5. Help apply to the court for a new lease.

Boundary disputes, trespass and nuisance

We can use specialist property law counsel to, for instance,

1. Advise on the likely position of a boundary;
2. Draw up deeds that clarify the position of a boundary;
3. Advice on the viability of taking legal action over the position of a boundary or an alleged trespass or nuisance.

Rights of Way

We can use specialist rights of way counsel to, for instance:

1. Advise if you have achieved a prescribed right of way or become the servient tenement of a prescribed right of way;
2. Advise on injunctive relief available if someone permanently blocks your right of way;
3. Advise on injunctive relief available if someone repeatedly blocks your right of way;
4. Draft a new Right of Way deed;
5. Draft deeds of amendment for Rights of Way.

Planning:

We can use specialist planning counsel to, for instance:

1. Deal with legal issues that arise in making planning applications;
2. advise on the viability and consequences of objecting to an application;
3. Resist enforcement procedures;
4. Advise on the effect and enforceability of conditions and undertakings;
5. Use the threat of judicial review proceedings to make an intransigent authority come to a decision.

Conveyancing and registration issues

We can use specialist property or conveyancing counsel to, for instance:

1. Advise on the best way to protect an alleged interest in property at the Land Registry;
2. Draft unusual special conditions in a sale contract;
3. Advise on the removal from the register of adverse interests in land;
4. Advise on the steps necessary to register land for the first time;
5. Advise on whether a contract for sale of land can be rescinded;
6. Advise on when to serve or how to enforce a notice of completion;
7. Assist in applying to the court for an order for specific performance of a contract;
8. Assist in applying to the Chief Land Registrar in respect of disputed registration issues.

Mortgages and debentures

We can use specialist property counsel to, for instance:

1. Advise on how to set up a binding private mortgage of land;
2. Advise on whether a mortgagee has the right to take possession of a property;
3. Advise on how to mortgage assets other than land;
4. Consider the implications of the Consumer Credit Act 1974 on mortgage-type transaction that a party may be contemplating.

Construction and engineering disputes

We can use specialist construction counsel to, for instance:

1. Advise on the interpretation of a building contract;
2. Draft a contract or special conditions for use in conjunction with a standard JCT contract;
3. Make representations before an adjudicator when a dispute arises;
4. Draft a Pre-action Protocol letter;
5. Advise on the prospects of success if legal proceedings are commenced.