Property and Planning
Jonathan is instructed in the following areas:
- Mortgage disputes, mainly for lenders
- Real property disputes
- Landlord and Tenant
- Probate actions, in particular Inheritance Act claims
- Trusts
He has appeared before the courts and various property tribunals dealing with the various disputes arising in these areas.
Property & Planning Cases
Selected Concluded Cases
- Consolidated Finance Limited v Hunter [2010] BPIR 1322 – successful claim for possession by a mortgagee following breach of bridging finance agreement
- Successful claim for possession by a mortgagee in the face of multifarious defences including breach of FCA regulations, breach of agreement and equitable arguments
- Successful claim for declaration of entitlement to beneficial interest in a property and order for sale pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996
- Successful defence to claim for a right of way based on prescription
- Partially successful two day hearing before the Leasehold Valuation Tribunal concerning withheld service charges
- Successful claim at trial and on appeal by a landowner enforcing prescriptive right of way to a landlocked property
Examples of Ongoing Cases
- Various actions arising from mortgages
- Action for an order for sale by a charge holder in the face of a claim to beneficial ownership by the spouse of the debtor.
- Family dispute as to beneficial entitlement to substantial land holdings
- Boundary disputes
- Proceedings involving the interpretation and application of repairing covenants in a lease