Property

Graham has over 30 years’ experience of Property disputes generally and with his related expertise in complementary fields, including insolvency in particular, he is well able to offer an all-round service, including those cases which interact with other areas and disciplines. Moreover, Graham is also a Contributor/Guest Editor with Property Law UK, www.propertylawuk.net (an online resource for UK Property Law). His expertise includes the following:

• Boundaries – construction of conveyances/transfers, adverse possession and estoppel
• Building Safety Act 2022
• Business Lease Renewals – Graham is currently advising a major landlord as to whether a party has a legitimate right to apply to the Court under s.26 of the 1954 Act.
• Construction and building disputes
• Conveyancing (including the CQS scheme) – registration, construction of contracts, rectification, termination, options, pre-emption rights and overage
• Co-ownership – express, constructive and resulting trusts, equitable accounting, proprietary estoppel and TOLATA 1996:

Graham has a wealth of experience of advising and representing parties in co-ownership disputes generally, and especially so when there is an associated element of insolvency.

• Dilapidations
• Easements – rights of way, light and support
• Electronic Communications Code:

Graham has recently advised the owners of a major north-west, city centre hotel, as to rights against a well-known telecommunications provider under the Code.

• HM Land Registry:

Graham has recently advised in a complex, cross border dispute (in the context of an off-plan purchase) with an insolvent BVI entity, in which HM Land Registry had adopted a particular position and approach that they subsequently resiled from after Graham had advised that there was simply no warrant or justification for the same.

• Inheritance Act 1975 Claims:

Graham has a wealth of experience in advising and representing parties in claims under the 1975 Act (as amended) – he has represented the whole range of parties in such disputes, including infants, and he is well aware of how emotional such disputes can be.

• Landlord and Tenant (both residential and commercial/business)
• Leasehold enfranchisement
• Lease termination and possession – surrender, forfeiture, relief and waiver, disclaimer, break clauses

• Mortgages and Charges – legal and equitable, priorities, undue influence, mortgages’ duties, receivers:

Graham has recently been involved in a complex and substantial dispute involving the taking of a mortgage account, with detailed arguments and associated schedules as to precisely what amounts could properly be added to the mortgage debt (together with associated issues and arguments under s.36 of the Administration of Justice Act 1970).

• New Build /Off Plan developments:

Graham has recently advised a major developer in relation to a complex, Covid-related dispute involving a delayed new build/off-plan development.

• Possession Claims:

Graham has advised and represented parties in numerous possession claims under CPR Part 55, including landlord and tenant claims, mortgage claims, trespass claims, but not forgetting traditional claims by insolvency office holders for possession and sale.

• Rectification and construction of contracts
• Rent reviews:

Graham has recently advised in a complex ‘cap and collar’ rent review dispute in which the wording of the ‘cap and collar’ clause within the relevant Lease simply did not accurately reflect what was actually set forth in the earlier Heads of Terms.

• Restrictive covenants – enforceability, and removal or modification in the Lands Tribunal:

Graham has recently advised a well-known local authority as to complex restrictive covenant and right of way issues that affect or might affect a major, multi-million pound, land development which the authority want to progress.

• Security of tenure – business lease renewals, residential security of tenure, agricultural security and successions, licences and service occupiers
• Shared Ownership:

Graham has considerable experience of shared ownership schemes both generally, but also with specific reference to what can and does happen when a particular party becomes insolvent.

• Trespass and nuisance:

Graham has recently been involved in an acrimonious and drawn-out nuisance dispute between neighbours involving garden development works that were said to have increased the risk of flooding.

• Trusts, settlements, will and probate:

For the last 2½ years or so, Graham has been advising and representing the professional trustees of a complex Will Trust and settlement as to their powers, obligations and duties both generally, but also with specific reference to a large parcel of residential land comprised within the trust fund.