Property

Property

Property advice and litigation is a central part of Fenner’s 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 solely in property and property-related work. Whilst much of our work is advisory we appear in the courts at all levels, as well as all property tribunals.

Property law is often complex and unclear as it responds to the challenges of modern society. At Fenners we look to balance the rigour needed to understand the law with a healthy dose of pragmatism and common-sense. We recognise that clients want practical answers to their concerns, whether they are developers marketing a site, neighbours in dispute, landlords burdened with a defaulting tenant or tenants faced with an unreasonable landlord. We look to keep the commercial realities of disputes firmly in focus.

The ability of our Property Group is reflected in the legal directories: The Legal 500 recommends as many property lawyers from Fenners as all other chambers on the South Eastern circuit added together. Based in the heart of East Anglia much of our work is focused on rural law: Bruce Monnington and Andrew Gore are the only agricultural law specialists identified by Chambers’ Directory in the south or east of England.

What we do

Freehold property:

  • Drafting and interpretation of documents
  • Sales of property, including enforcement of agreements
  • Issues relating to title
  • Land registration
  • Restrictive covenants
  • 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
  • Property rights in marine and inland waters

Leasehold property:

  • Commercial leases
  • Agricultural holdings & farm business tenancies
  • Assured & shorthold tenancies
  • Council and housing association tenancies
  • Rent Act tenancies
  • Long residential leases
  • Leasehold enfranchisement & management
  • Service charges
  • Commonhold
  • Tied houses

Trusts:

  • Express trusts
  • Informal trusts & estoppels
  • TOLATA claims
  • Clubs & unincorporated associations
  • Charities
  • Pensions