Freehold & Leasehold Property

Trusts Local Government

The 'Legal 500' identifies barristers who are leaders in their field. In the 2009 edition, the great majority of those identified in the property and environment section for the South Eastern Circuit are members of Fenners Chambers. This reflects the fact that we regard property advice and litigation, as well as environment law, as a central part of our chambers' work.  Many barristers' chambers outside the big cities treat property as something to be tacked on to their traditional common law work. We do not. Most members of our Group practise exclusively in the field of property law, including related areas such as probate. (Legal 500 2009) - Bruce Monnington "is an international expert in agricultural land matters and is highly recommended for rural land issues". Andrew Gore is "a negotiator of tremendous tact and suptlety". Geraint Jones "has a large following for his expert property law practice". Daniel Owen "specialises in international marine matters and is instructed by national and international public bodies".    Alasdair Wilson "is very thorough and always extremely well prepared - and fights his case in property disputes". (Legal 500 2010)

We seek to combine intellectual rigour with pragmatism and commonsense.  Property law is often complex and unclear. It demands rigorous analysis, and solicitors and other professional advisers need to understand the legal basis to the advice we give. Lay clients want practical answers to their problems, whether they be developers marketing a site, homeowners in dispute with their neighbour, landlords burdened with a defaulting tenant or tenants faced with an unreasonable landlord. We also try to keep the commercial realities of disputes firmly in focus.

Some members of the Group undertake work concerned with property-related and certain other specialist functions of local authorities and other statutory bodies, and their control, including judicial review.

Whilst much of our work is advisory in nature, we appear in the courts at all levels, as well as the full range of tribunals dealing with property.

For planning and environmental issues please refer to the Environment Group page.

For probate work please refer to the Probate Group page.

For property-related professional negligence claims and construction disputes please refer to the Commercial Group page.

Our areas of work:

Freehold property:

Drafting and interpretation of documents

Land development

Unregistered land and issues relating to title

Land Registration

Sales of property, including enforcement of agreements

Options

Mortgages and mortgage possession claims

Rights of way and other incorporeal rights

Adverse possession

Trespasses and nuisances

Boundary disputes

Common land and town and village greens

Rights in marine and inland waters

Leasehold property:

Commercial leases

Agricultural holdings and farm business tenancies

Assured and assured shorthold tenancies

Council and housing association tenancies

Rent Act tenancies

Long residential leases

Leasehold enfranchisement and management

Service charges

Commonhold

Tied houses

Trusts:

Express trusts

Informal trusts and estoppels

TOLATA claims

Clubs and incorporated associations

Charities

Pensions

Local government and other statutory bodies:

Judicial Review

Finance and internal administration

Disposal of land and assets

Building control

Local land charges

Highways and public rights of way

Water supply and drainage

Cemeteries

Public open spaces

Markets

Environmental health

Homelessness

Licensing functions

Education

Elections

Public Access and Direct Professional Access

We welcome Direct Professional Access from fellow professionals in the property sector and can also offer Public Access, especially to clients seeking preliminary advice without the need to seek instructions from a solicitor. Further details can be found on our site on the Public Access page.

Communication

Members of the Group are readily available to give advice. A preliminary view can often be given by telephone without obligation. If a reply by a certain date is required we will make sure it is dealt with on time. We are pleased to meet clients at our offices in Cambridge, (including facilities for the disabled and ample on-site parking) but are equally happy to meet clients at the offices of their other professional advisers or at their own premises.

Fees

We aim to serve the private or legally aided client on an equal basis and to respond realistically to changes required by legal aid franchising, conditional fees and competitive tendering in the public sector.

Arbitration and Alternative Dispute Resolution

Members of the Group are happy to appear in arbitrations and to represent the interest of parties taking part in mediation.  Andrew Gore is a Fellow of the Chartered Institute of Arbitrators and an Accredited Mediator of the Centre for Dispute Resolution.

Further Information

We run seminars in Cambridge, Peterborough, Norwich, Bedford, etc. to which local solicitors and property professionals are invited.  We also visit solicitors' offices and other venues to give talks and presentations on new legislation and changes in the law.  We have reached an agreement with the Law Society and the Institute of Legal Executives that our seminars can be accredited towards solicitors' Continuing Professional Development requirements.

If you are interested in members of our Property Group presenting a seminar at your offices, or would like to be on the mailing list for our main seminars, please do not hesitate to contact a member of our clerking team.

Restrictive covenants