Property
In a recent decision, the Court of Final Appeal concluded that, according to the deed of mutual covenants (DMC), external walls in a multi-storey building are considered common parts. They emphasized that the first assignment’s reservation clause, granting exclusive use to the developer, doesn’t override the DMC’s designation. The DMC outlines common areas, binding all co-owners with mutual covenants. Thus, the status of external walls is solely determined by the DMC, with the first assignment aiding interpretation only if the DMC is ambiguous.Our Property Group advises about all aspects of land law and we act in all types of property litigation. The core themes are:
- Commercial landlord and tenant: rent reviews, contested and uncontested renewals, covenants and consents, forfeiture and relief, dilapidations;
- Development: options, pre-emption and contracts for sale, joint ventures and overage, planning agreements, daylight and ways, cables, pipes and drains, demolition and construction, injunctions and specific performance, possession and orders for sale, compulsory purchase;
- Mortgages, charges and security: receivership, possession and sale, disputed validity and priority;
- Residential landlord and tenant: statutory, assured and secure tenancies, enfranchisement and service charge, enforcement of covenants;
- Rural economy: agricultural holdings and farm business tenancies, commons and village greens, mines and minerals, sporting rights, wayleaves and waterways; and
- Title: land registration, rectification and priorities, trusts and beneficial ownership, boundaries and easements, restrictive covenants, adverse possession, overriding interests, unregistered land.
Most members of our Property Group are also members of other groups in chambers, such as those dealing with Insolvency or Professional Liability or Trusts, Tax, Probate and Estates. We recognise that property problems do not always come neatly packaged, and sometimes require a breadth of knowledge and experience, transcending the traditional boundaries of conveyancing and land law. One of our strengths is that we can provide people at all levels of seniority who have the cross-disciplinary expertise to deal with the whole problem, and not just the property parts of it. Yet we also have experts in some of the narrowest niches of property law, such as art, cultural property and heirlooms, drones and air rights, manors and inclosure, oil, gas and fracking, strict settlements and perpetuities, and telecommunications. No matter how esoteric or difficult the property problem, we probably have someone who already knows about it, and who has helped to solve it before.
Although we are primarily advocates, not all of our work is contentious. When required, we can also advise upon the appropriate structures, and help to draft the necessary instruments, to solve complex transactional problems; something that will work for all parties to the deal. Nor is our work confined to this jurisdiction. The legacy of the British Empire means that English land law still has a surprisingly long reach. In addition to appearing in the Privy Council members of the group also sometimes advise upon the law in, and travel to, Bermuda and the Caribbean, Ireland, Hong Kong, Singapore, Australia and New Zealand.
Publications
- Atkin’s Court Forms Vol 34, Restrictive Covenants and Sale of Land (2008): Julian Greenhill KC and James McCreath (editors)
- Butterworths Property Law Handbook (2022): Jonathan Davey KC and Benjamin Faulkner (editors)
- Claims against Valuers and Solicitors (1996): Jonathan Seitler KC
- Commercial Property Litigation (looseleaf): Jonathan Seitler KC
- Current Issues in Nuisance and Trespass (2022): Jonathan Seitler KC, Joanne Wicks KC, Julian Greenhill KC, Tiffany Scott KC, Benjamin Faulkner, Jonathan Chew, Daniel Scott, Francesca Mitchell and Daniel Petrides.
- Development Disputes, Current Issues for Property Litigators (2008): John Furber KC, Julian Greenhill KC, Tiffany Scott KC, Benjamin Faulkner, Emer Murphy, Tom Roscoe
- Leases: Covenants and Consents (2023): Jonathan Seitler KC
- Lenders Claims (2006): Jonathan Seitler KC
- Guide to the Commonhold and Leasehold Reform Act 2002 (2002): John Furber KC
- Hill and Redman, Law of Landlord and Tenant (looseleaf): John Furber KC (general editor), James Ayliffe KC, Tiffany Scott KC, Ben Faulkner (specialist editors)
- Possession of Land (2006): Mark Wonnacott KC
- Service Charges and Management: Law and Practice (2013): Harriet Holmes (contributor)
- The History of the Law of Landlord and Tenant in England and Wales (2012): Mark Wonnacott KC
- The Law and Practice of Party Walls (2014): Harriet Holmes (contributor)
Rankings and recognition
Wilberforce is ranked as a leading property set in both Chambers & Partners and The Legal 500.
Chambers & Partners 2025: Wilberforce Chambers acts on a wide range of property matters, including both residential and commercial landlord and tenant cases, development disputes, title disputes and agricultural property cases. Members appear frequently in the Court of Appeal and Supreme Court. This year the set has been instructed in such matters as Annington Property Ltd & Others v The Secretary of State for Defence, and Manchester Ship Canal Company v United Utilities Water. A source reports: “The Wilberforce team is able to deal with the most complex and difficult cases with great skill and care.” Another interviewee adds: “Wilberforce Chambers is one of the best in the market, and its bench strength is stellar.”
Legal 500 2025: Wilberforce Chambers‘ team continues to act on a broad range of property disputes, with mortgage litigation, commercial and residential landlord and tenant issues and development disputes being prominent in the group’s recent workload. Joanne Wicks KC and Daniel Petrides are acting in R(Annington Property Ltd & ors) v The Secretary of State for Defence, which is due to be heard by the Court of Appeal, concerning whether the MoD can reacquire a significant portfolio of properties via enfranchisement law. Jonathan Seitler KC appeared in Jalla v Shell, a Supreme Court case clarifying what constitutes a continuing nuisance following a major oil spill off the coast of Nigeria that damaged the appellant’s land. Jonathan Davey KC is highly regarded for his expertise in advising on property disputes involving tax issues. In July 2023 Mark Wonnacott KC retired from practice.
The Legal 500 Awards 2023: Benjamin Faulkner wins Property and Housing Junior of the Year and John McGhee KC and Jonathan Seitler KC are shortlisted for Property and Housing Silk of the Year.
Chambers Bar Awards 2022: Jonathan Seitler KC wins Real Estate Silk of the Year and Benjamin Faulkner is shortlisted for Real Estate Junior of the Year
The Legal 500 Awards 2022: Joanne Wicks KC wins Real Estate Silk of the Year
The Legal 500 UK Awards 2020: Wilberforce wins Real Estate Set of the Year
Chambers Bar Awards 2018: Wilberforce wins Real Estate Set of the Year
The quality of the barristers in the real estate sector is second to none.
