Landmark Chambers

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Real estate

David has considerable experience in all areas of real estate litigation. Legal 500 recommends him as a leading junior in this field.

  • David regularly advises on adverse possession matters and boundary disputes. He was recently instructed for a three-day trial on an adverse possession claim, having drafted the pleadings.

  • David has considerable experience in relation to conveyancing, land registration and trusts of land. He is currently acting for a defendant vendor in a claim seeking specific performance and damages for alleged breaches of a contract for sale. The claim is likely to be tried in 2017.

  • David has acted for a telecommunications company in a claim that raised issues under the Electronic Communications Code.

  • David has over 7 years’ experience acting for RBS and Natwest in relation to commercial mortgage enforcement. He has recently been asked to advise lenders in relation to the enforceability of proposed and actual security documents, in light of recent changes to the Consumer Credit Act 1974 and the regulations made under the Financial Services & Markets Act 2000.

  • David regularly advises in relation to overage agreements and he has recently drafted submissions for an arbitration on the correct interpretation of a clause in such an agreement.

  • David has been instructed in several party wall cases, including successfully obtaining injunctive relief to restrain building work and, subsequently, when the proceedings were discontinued, David successfully argued that the usual costs order on discontinuance should not apply. David appeared in the Court of Appeal in Freetown v Assethold [2013] 1 WLR 7012, which is the leading case on the correct interpretation of the service provisions in the Party Wall etc. Act 1996.

  • Complex and high-value possession claims are a regular feature of David’s practice, including claims to recover possession of a private room in a residential care home, part of school premises occupied under a Transfer of Control Agreement, part of a water park occupied by a ferry, and a recent claim to recover possession of two anaerobic digestion plants.

  • David often is instructed in professional negligence claims with a property angle, including acting for a claimant in connection with her claim against her former conveyancing solictiors in the context of a mortgage fraud and acting for a leading firm of solicitors defending a claim for negligent conveyancing in the context of an intended (but ineffective) conveyance of a profit à prendre.

  • David frequently advises in relation to the enforceability of restrictive covenants and has recently been instructed in a dispute concerning positive covenants. He is currently being led by Tim Morshead QC in relation to a claim for trespass and breach of restrictive covenants concerning a prestigious golf course in Surrey.

  • David has extensive experience of cases concerning rights of way and other easements.

  • David is often asked to advise on the Stamp Duty Land Tax implications of property transactions.