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Toby Watkin

Toby Watkin


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Real Property Disputes

Toby regularly advises upon issues relating to the ownership of, and rights over, real property including disputes relating to adverse possession and boundaries, easements and covenants (including rights of light), and party walls. As well as litigation within the High Court and County Court, Toby now undertakes a considerable amount of work before the Adjudicator to HM Land Registry, and in the Lands Tribunal.

As an example of Toby’s practice, in the last few months:

  • He appeared for three successful defendants in an 8 day High Court (Chancery Division) trial relating to three properties said to have been transferred in breach of trust.
  • He appeared in a leading recent case relating to the recovery of property transferred to avoid creditors (4 ENG v. Harper  [2010] BCC 746).
  • He has advised a major estate in relation to the enforceability of various covenants and the validity of an option agreement.
  • He has advised a major landlord in relation to easements potentially impeding further residential development;
  • He has advised a nationwide developer in relation to the enforcement of an agreement relating to rights of light.