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Property Disputes – Successful Cases

Trust of Land

Our client purchased a property in his sole name where he lived with his wife and three children. A larger property was then purchased for the family, which was registered in his son and daughter-in-law’s names. Our client made a large contribution towards the initial deposit and a mortgage was taken out for the balance in the client’s son and daughter-in-law’s names. Our client rented out his first property which paid for the mortgage on the second property.

It was the intention of our client and his son and daughter-in-law that our client would have a one third share in the second property, and based on this our client made financial and non-financial contributions to his son and daughter-in-law and also to the second property.

After our client’s son passed away, his daughter-in-law served him a Notice to Quit and alleged that he had no right to beneficial ownership or occupation of the property.

Outcome: Agreement was reached between the parties shortly after mediation, avoiding the need for lengthy and costly litigation. Our client received a sum of over £70,000 to vacate the second property.

Trust of Land

Our client and his partner purchased a property together. They paid the purchase price jointly and met the mortgage payments. However, soon after the purchase the relationship broke down and our client’s partner decided to move back to her home town. Our client gave his ex-partner the balance of the monies left in their joint account, paid off the mortgage and treated the property as his own. He started a new relationship and decided he wanted to sell and move with his new family. He then found out that his ex-partner’s name remained on the title deed. His ex-partner refused to have her name removed and so proceedings were issued for a declaration that our client’s ex-partner had no beneficial interest in the property and an order for sale was sought.

Outcome: We managed to successfully negotiate for our client’s ex-partner to sign a transfer for the property to be in our client’s sole name in return for a payment of £10,000.

Adverse Possession

Our client purchased a property from the local authority under right to buy. She assumed that this included the land right in front of the property which was used for parking. She rented the property out and also rented out the parking space. Subsequently a neighbour raised issues that she had no right to use the land for parking as she did not own it.

Outcome: we successfully made an application for adverse possession of the land

Trust of Land

Our client was in a same sex relationship with his partner for a very long period. His partner moved into his property and he supported his partner financially during this time. After the relationship broke down, our client went to work abroad. Our client then decided to sell the property but his ex-partner refused to move out. Proceedings were issued and the ex-partner made a counter claim for a declaration that he could remain in the property and/or our client had promised he could do so for life.

Outcome: Despite mediation and lengthy proceedings, no settlement was reached. However, we won at trial when the Judge found that the ex-partner had no basis to stay in the property and he was eventually evicted from the property.

Lease Extension

We acted for a small number of leaseholders (who also had a share of the freehold) who wanted to extend the term of their leases.

Outcome: We set up a freehold company and drafted completely new leases for all the leaseholders.

Service Charges

Our client was the freeholder of a block of flats and instructed managing agents. One particular leaseholder had been disputing the service charges for a number of years. A previous application regarding cleaning services was ruled against him. He then issued a further application in respect of service charges arising from repair works to the communal area and the associated fees; claiming that they were not reasonably payable.
Initially our client was defending the claim in the tribunal in person but began to find it too overwhelming.

Outcome: We assisted our client in preparing a statement of response and a bundle for the final hearing. She then did the hearing herself and was successful in defending the application.


Our client was a co-tenant. In exchange for them doing repairs to the property, the landlord agreed to a fixed term whereby rent would not be increased. In contravention of this the landlord issued a s21 notice with a view to seeking possession of the property and also harassed the client with a view to making her move out voluntarily.

Outcome: After a 5 day trial the court found in our client’s favour and she was awarded £18,000 damages for the harassment as well as her costs.

Boundary Dispute

Our clients purchased 6 fields from their neighbour. Their neighbour then sold adjoining land (which included a farm and a bit of road) to a third party. Unfortunately the plan attached to the conveyance to the third party contained a small area of land which had already been sold to our clients. The third party then sold on to a 4th party who registered their land to include the small area.

Outcome: After checking of the title deeds and negotiation between the parties, it was accepted that the small area of land did indeed belong to our clients. Voluntary first registration was made for our clients.


Our client was a co-freeholder. She also owned 4 flats with her husband as leaseholder. The other freeholder had left the property some 20 years ago and migrated from the UK. Our client had been trying to informally buy out the other freeholder’s share in the freehold but was not getting anywhere.

Outcome: We obtained our own valuation and served the correct notice for collective enfranchisement of the freehold. Although there were extensive negotiations in respect of the premium this was eventually agreed and the transfer of the freehold completed.