Property litigation

I think Farrer & Co is outstanding. It provides practical, sensible advice; anyone can get you into litigation, but Farrers can get you out.

Chambers UK

We act for a wide range of clients across all sectors, from commercial investors and developers to charities, other institutions and private individuals in connection with property related disputes.  We focus on protecting our clients’ interests, if necessary by bringing or defending proceedings in the court or relevant tribunal, while finding pragmatic, commercially viable solutions to a range of real estate issues. We offer strategic advice to pre-empt problems and prevent possible disputes arising.

We work closely with other departments in the firm and we are equally comfortable advising on disputes involving the particular intricacies of agricultural property and listed buildings and in handling disputes relating to commercial and residential property.

Examples of the work we carry out include:

  • Commercial and residential landlord and tenant issues
  • Tenant default and insolvency
  • Adverse possession / trespass
  • Rights of way, rights to light and party walls
  • Collective enfranchisement / lease extensions
  • Restrictive covenants
  • Development agreements and joint venture disputes
  • Determining beneficial interests in land
  • Professional negligence
  • Planning and construction disputes

 

Recent reported cases of note:

  • The Church Commissioners for England v Hampshire County Council and others  [2014] EWCA Civ 634

    We successfully opposed a Town or Village Green application on behalf of the Church Commissioners in the Court of Appeal. The registration authority argued that the application was validly made even though serious defects were only corrected after the expiry of the relevant limitation period. The Court of Appeal agreed with the Commissioners that the registration authority had given the applicant more than a reasonable opportunity to put the application in order and that the application was therefore not valid.
  • Latifa Kosta v The Trustees of the Phillimore Estate [2014] UKUT 0319

    This Leasehold Reform Act case considered the correct formula to apply to calculate the premium payable for the marriage of the leasehold and freehold title.  We acted for the Tenant who was seeking to argue that it could rely on expert evidence of an economist regarding appropriate relativity rather than relativity graphs. Further detail about this case can be found here: [insert this link…  http://www.farrer.co.uk/Global/Briefings/New%20Law%20Journal%20-%20Market%20Evidence.pdf]
  • Ackerman -v- Portman Estate Nominees (One) Limited [2009] 1 WLR 1556(LC)

    We acted for the landlord in this case involving the attempted enfranchisement of a house containing five dwellings. The tenant served a notice to acquire the freehold of the building from our client, and although the Leasehold Reform, Housing and Urban Development Act 1993 does not contain specific provisions protecting our client’s interests, we demonstrated that to find in favour of the tenant “could give rise to inequity”. Our client’s ownership of the freehold was preserved.

 

Our active and experienced team are members of the Property Litigation Association.

More information

For more information contact one of our specialist advisers below or visit our Press office.