Property Litigation

Ashfords' Property Litigation Team is recognised for its strength and experience. Our solicitors play a crucial role in a substantial number of property and commercial transactions on stand-alone matters and in support of other departments. We advise on all aspects of property litigation and handle high value complex work, ranging from commercial and residential landlord and tenant disputes, service charge claims, property issues arising in redevelopment projects and on insolvency, to equitable proprietary remedies, including trusts of land and agricultural land disputes.

Our team has expanded substantially over the last few years and is now probably the largest specialist property litigation unit in the South of England outside London. We consistently deliver responsive, commercial and sound advice. Most importantly we get results.

We frequently provide training to clients on developing legal issues and (on request) on any relevant legal matters that are of importance to clients.

• Boundary disputes;
• Contested planning and development issues;
• Contractual/development disputes;
• Enforcement actions for secured lenders (mortgagees);
• Enforcement of options/conditional contracts;
• Landlord/tenant insolvency;
• Lands tribunal applications;
• Leasehold enfranchisement;
• Leasehold valuation tribunal issues/applications;
  
• Leases:
• Advice on leases/tenancy and associated documentation
• Contested lease renewals
• Contested rent review actions
• Defending unlawful eviction claims
  
• Dilapidations/disrepair issues/claims
  
• Rent and service charge disputes;
• Local authority disrepair notices;
• Mediation;
• Occupiers liability issues;
• Possession proceedings;
• Rights over land:
• Easements/rights of light issues
  
• Restrictive covenants;
• Specific performance applications/injunctions;
• Telecommunications act issues;
• Trespass claims; and
  
• Undue influence.

Commons, town and village greens

We advise land owners and applicants in respect of applications to register and opposing the registration of new town or village greens. We regularly assist in the preparation of evidence either in support or opposition to applications to register and have considerable experience in applications that are considered at an inquiry. We are also experienced in applications to de-register commons and we advise in respect of all legal issues relating to rights in commons and village greens.

Recent work undertaken includes:

• Advising a Regional Development Agency on all litigation aspects of the land assembly and development programme for the redevelopment of a town centre. The aggregate development value and costs of the project are in the region of £98 million;
• Full range of contentious real estate issues arising on purchases of development site across the country for developer clients;
• Providing a range of property litigation advice to private companies in the management of property portfolios across the UK, including service charge and repair issues relating to commercial premises in Central London;
• Substantial volumes of commercial mortgage recovery work;
• Advising landlord clients on rights following administration of Woolworths; and
  
• Advising London Boroughs on all contentious matters arising from the management of the Council’s property interests, including Landlord and Tenant Act 1954 commercial lease renewals, forfeiture claims, commercial rent recovery, breach of covenant claims and related contentious property issues. Work includes all non-routine litigation and has involved acting on matters ranging from prosecution of a national supermarket chain for licensing offences to seeking injunctive relief against a developer drilling holes in Putney Bridge.