Real Property

The Members of Selborne Chambers are experienced at dealing with adverse possession claims in relation to both unregistered and registered land. Such claims can be complex, involving consideration of facts spanning very long periods, and the different regimes applying to unregistered land, registered land since 2003 and the transitional provisions under the Land Registration Act 2002. Selborne’s members are well placed to assist in relation to such claims, frequently advising on such matters and appearing in the Tribunal.

The disputes which arise out of the co-ownership of land require a close examination of the parties’ relationship – whether business or familial – and therefore require sensitivity and tact. The Members of Selborne are experienced in dealing with such disputes from the pre-action stage, through to settlement or trial. A sensitive and exhaustive approach to the facts must be combined with an exhaustive knowledge of trusts and other equitable remedies, in order to resolve such disputes.

Sometimes the exact position of the boundary line is crucial for property development; on other occasions the line of the boundary is of less monetary value, but has acquired significance due to the relationship between neighbours. In either case, interpreting the conveyancing documents, and other available evidence, and presenting that at trial alongside the expert evidence requires an experienced hand. The Members at Selborne are accomplished in doing so.

The drafting and construction of conveyancing documents, and their subsequent registration, are integral to the creation and enforcement of proprietary rights. Selborne’s Members are experienced at drafting and advising upon such documents, as well as the implications of the Land Registration Acts for your property transaction.

Numerous real property issues can arise in the course of a development, such as boundary issues, restrictive covenants, rights of way, joint venture disputes and overage claims. Such issues are central to the practices of the barristers at Selborne Chambers, and they have vast experience in advising upon and resolving them.

Recent changes introduced by the Building Safety Act 2022 to the Defective Premises Act have brought a renewed focus on such claims. The barristers at Selborne are well placed to guide you through the intricacies of the Act, and advise whether it might provide a solution to the property defects affecting your building.

The rules in relation to the acquisition, interpretation and extinguishment of easements, such as a right of way or right to light, are complex, and require a detailed knowledge of the law. We are experienced in advising and litigating such issues, as well as disputes arising out of alleged interference with such rights.

The available remedies, and the circumstances in which the Courts are likely to enforce them, are more varied and uncertain than a claim for damages at common law. As a commercial chancery set with Members with vast experience litigating in the Chancery Division of the High Court, we are well placed to guide you through the menu of equitable remedies and their likely application to your dispute.

Freehold covenants, especially restrictive covenants, can have a significant effect on the value of the land and hinder development. We are experienced in advising on the enforceability of such covenants and in making applications to the Upper Tribunal Lands Chambers for modification or discharge.

Proprietary rights are only of value if one is able to enforce them quickly and efficiently. Selborne’s Members frequently appear in the High Court and County Court on urgent applications for injunctions, such as to restrain development pending trial or secure access to land.

Joint venture disputes often involve a crossover between real property law, company law and trusts. As a commercial chancery set with significant experience across all these areas, we are well placed to assist in advising on the disputes which can arise where joint ventures for the development of property go awry.

We commonly advise and assist in drafting Land Registry applications, and are well placed to assist in the event that the matter is referred to the First Tier Tribunal. Not only do Members regularly appear in the Tribunal as Counsel, but also a number of Members hear cases as Judges.

Options and rights of pre-emption are a commonly used method of securing the value associated with the development of land. Issues which often arise on enforcement include matters of interpretation and also land registration. We are experienced in litigating such disputes.

Overage clauses are a commonly used method of securing the value associated with the development of land. Issues which often arise on enforcement include matters of interpretation, and also land registration. We are experienced in litigating such disputes.

There are many types of security against land, and each requires careful consideration as to how and when it might be enforced, and the potential remedies available. Issues also often arise in relation to the priority of securities and land registration, as well as equitable accounts arising out of the enforcement of the security. The Members of Selborne are experienced in advising upon and litigating these issues.

Nuisance, trespass and the potential liabilities arising out of specialised uses of land frequently arise in the disputes we deal with in Chambers – either as a self-contained cause of action or as part of a wider dispute (for example, a boundary dispute).

A number of Members of Chambers have particular expertise and experience in dealing with cases of property damage, often caused by fire, arising out of the negligent use of land.

Proprietary estoppel is the law’s response to the difficulties caused by strict rules relating to the creation of property interests – for example that agreements for the acquisition of an interest in land must be in writing. By their nature, proprietary estoppel claims involving examining the facts of a business or informal relationship over a long period, and seeking relief tailored to the particular facts of the case. We have successfully litigated many such cases.

Rights to light acquired for the benefit of one parcel of land over neighbouring property can affect development, by preventing someone with an interest the servient land from substantially interfering with the access of light by erecting a building. We are experienced in advising on whether a right to light exists and what considerations should be taken into account in litigating such disputes.

Subrogation is an aspect of the law of unjust enrichment, as it applies to rights secured over land. Selborne’s Members are experienced in advising upon, and litigating, the circumstances in which one party might claim to be subrogated to the rights of another, as well as the related circumstance in which a secured creditor can rely upon the doctrine of marshalling of securities.