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 2024: Wilberforce Chambers acts in 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 is 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 that “members of Wilberforce have the ability to cut through complex matters and identify the points that are central to these and most important for clients,” and another interviewee adds: “A premium offering of property counsel.”
The Legal 500 2024: With a wealth of experience at the senior level, Wilberforce Chambers acts on all forms of property litigation. Core areas of focus for the set include commercial landlord and tenant, development, mortgages and property rights concerning economy. Jonathan Seitler KC acted before the Supreme Court in On Tower v AP Wireless, a group appeal brought by numerous cell site operators involving numerous issues of the Telecommunications Code, including the interpretation of the transitional provisions between the new and old codes. Joanne Wicks KC is acting on R (Annington Property Ltd & Others) v The Secretary of State for Defence, a case concerning a proposal by the MoD to reacquire married quarters it disposed of via a sale and leaseback arrangement using conventional enfranchisement law. Tiffany Scott KC represented the claimant in Clifford v Grosvenor West End Properties, in which the inhabitant of a Mayfair mews home sought to require the Duke of Westminster to eject prostitutes and drug dealers from an adjacent block of flats.
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.
