Our property law barristers provide constructive, practical advice designed to achieve successful commercial solutions to all property-related disputes for clients. We represent clients in all courts and tribunals as well as in mediations and arbitrations.
Max Thorowgood heads our property group. As well as his practice as a barrister, Max sits as a Deputy Judge of the First-tier Tribunal, Property Chamber in Land Registration and Residential Property cases. Some of our other property law barristers also hold part-time paid judicial roles.
Tailored property law advice for clients
Many of our property barristers’ practices straddle our other practice areas, that multi-practice strength means clients receive advice that ensures all aspects of a property dispute are carefully considered and addressed.
Our barristers have particular expertise in the following areas:
- Commercial landlord & tenant including: business tenancy renewals, dilapidations and forfeiture
- Residential landlord & tenant including: possession claims, disrepair, service charge disputes, lease extensions, leasehold enfranchisement and right to manage
- Co-ownership disputes including common intention constructive trusts, Proprietary Estoppel, Trusts of Land & Appointment of Trustees Act 1996 (TOLATA) and Schedule 1 Children Act 1988
- Real property including adverse possession, boundary disputes, rights of way, easements, restrictive covenants, rights of common and enclosures and village greens
- Probate, succession & inheritance including testamentary capacity, undue influence, fraud/forgery, and family provision
- Mortgages
- Insolvency
- Housing including Homelessness and Part VII Housing Act 1996, Allocations and Part VI Housing Act 1996, judicial review, succession, right to buy, anti-social behaviour orders and injunctions, unlawful eviction, disrepair and houses in multiple occupation. See our dedicated housing pages for more information.
- Development agreements including s. 106, option and overage agreements
- Mobile homes
- Professional negligence including the liability of professionals for their negligence in dealing with matters in the above areas.
Alternative dispute resolution
All our property barristers represent clients at mediations. Using analytical, negotiation and presentational skills, we help clients make the most of the opportunities mediation can create.
Some of our property law barristers are also trained mediators - conducting mediations in private practice and for the First tier Tribunal.
We are always willing to advise clients who wish to mediate whether before proceedings have been issued or at any point during the proceedings. And we have extensive experience of acting as advocates on your behalf in mediations.
The courts strongly encourage the use of mediation and other forms of ADR. In fact, a judge may even stay proceedings until the parties have engaged in some form of ADR.
Specialist property law publications
Some of our group write on specialist property law-related topics.
- Emma Godfrey co-authors LexisNexis’ highly acclaimed practitioners’ textbook ‘Claims to the Possession of Land’.
- Christopher Stirling contributed 2 chapters for Resolution’s Cohabitation Law and Practice Handbook - editions 2 and 3.
