St John’s Chambers is the premier set for contentious property matters on the Western Circuit and remains a go-to for solicitors in the South West and further afield.”

Chambers UK 2024, Real Estate Litigation

Our highly skilled Real Estate team have specialist knowledge in applications brought under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), charging orders, and disputes between mortgagees and co-owners. The team advises on both domestic and commercial property. In addition cases are regularly undertaken concerning trust disputes that involve third parties and interveners, and we are experienced in applying trust law in relation to property disputes.

Areas of expertise

  • Co-ownership claims between co-habiting partners, including the interpretation of transfers and trust deeds, quantifying the beneficiaries’ interests and orders for sale.
  • Co-ownership claims involving third parties (typically parents) who contribute to the property’s acquisition or improvement.
  • Third party interventions in divorce proceedings.
  • Proprietary estoppel claims to a beneficial interest or other form of equity arising from promises made by owners.
  • Claims for an equitable account based on unequal contributions / expenditure following termination of the relationship.
  • Applications for charging orders and their enforcement.
  • Disputes between mortgagees and co-owners, including undue influence claims.

We work closely with our Family & Divorce team who have a number of experts who can offer advice and representation in all areas of cohabitation disputes including Schedule 1 of the Children Act 1989. This arrangement allows us to offer clients exactly the right experience, particularly in relation to applications brought under ToLATA and the Inheritance (Provision for Family and Dependants) Act 1975.

Mediation

We are committed to alternative dispute resolution, including mediation and arbitration, with a number of our barristers being qualified mediators. Our facilities are specifically designed to meet with clients’ needs for a mediation venue. Read more.

Public Access

Some members of the team are also available to act, where appropriate, for members of the public, as well as commercial and non-commercial organisations, under the Public Access scheme. Read more.

Training

The team delivers workshops and seminars in Chambers and regional centres. We also provide training on behalf of local Law Societies and in conjunction with solicitors’ firms. In addition we can give tailored in-house training for particular firms. If you would like any further information please contact Paul Nuttall on 0117 923 4742 or email: [email protected]

View our Real Estate digital book here for further details about how we can help you.

ToLATA Team

John Sharples

John Sharples

  • Call: 1992

John is a very experienced adviser and advocate and has practised in the area of co-ownership claims for over 25 years. He is ranked in Band 1 for both real estate litigation and chancery in Chambers UK and...

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Zoë Saunders

  • Call: 2003

Zoë has extensive experience of advising and representing clients in relation to disputes involving ToLATA and additional issues which often accompany them such as civil and partnership disputes, intervention in matrimonial financial remedy cases, Proceeds of Crime Act...

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Christopher Jones

Christopher Jones

  • Call: 2004

Head of Real Estate, Christopher has extensive expertise in a wide variety of property issues. Real property Easements: rights of way, rights of support, rights to light and water rights Disputed ownership of land, adverse possession and boundary...

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Jody Atkinson

  • Call: 2005

Jody’s divorce and financial remedy practice focuses on the most high-value and intractable cases. He is often instructed by solicitors when divorces involve complicating factors such as: Family businesses Family trusts Overseas elements Disputes concerning third party ownership...

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Oliver Wooding

Oliver Wooding

  • Call: 2009

Oliver has a specialist practice that focuses on real estate matters, and is regularly instructed as an advocate, advisor, and mediator in a wide range of disputes. His expertise includes: Landlord & Tenant Oliver is experienced in both...

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Natasha Dzameh

Natasha Dzameh

  • Call: 2010

Natasha is ranked as a leading junior in property litigation by the Legal 500 and Chambers UK.  She specialises in advising and representing clients on proprietary estoppel and trust claims in relation to land, especially ToLATA claims (including...

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Annie Sampson

Annie Sampson

  • Call: 2015

Annie has experience across the breadth of property and real estate matters, including TOLATA claims, trespass, nuisance, residential landlord and tenant and mortgage possession proceedings, boundary disputes, adverse possession, commercial tenancies and the renewal of business tenancies under...

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Brittany Pearce

Brittany Pearce

  • Call: 2015

Brittany has acted for clients in a range of real property matters, including boundary disputes and adverse possession claims, the enforcement of restrictive covenants and the creation of and interference with easements. Brittany’s focus is on achieving a...

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Charlie Schwenn

Charles Shwenn

  • Call: 2017

Charles is instructed on all aspects of property law litigation and takes a particular interest in real property matters including those concerning: boundaries, easements, trusts of land, proprietary estoppel and restrictive covenants. He is experienced in leasehold-specific disputes...

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Nicole Hilton

Nicole Hilton

  • Call: 2021

Nicole is a barrister and trained mediator with a broad practice encompassing many areas of commercial and chancery law. Nicole accepts instructions in landlord and tenant disputes, contractual issues, consumer rights, property matters, building and construction disputes, professional...

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Richard Gold

Richard Gold

  • Call: 2006

Richard specialises in real estate matters, and acts in both residential and commercial property disputes. His areas of expertise include: landlord and tenant disputes; freehold covenants; easements; adverse possession; boundary disputes; trespass/nuisance (including tree root damage); and claims...

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Directory Quotes

St John’s Chambers is a ‘first-class‘ set for property and construction law work, with ‘a range of experienced barristers and upcoming juniors‘. “

The Legal 500 2024, Property & Construction

St John’s Chambers is the premier set for contentious property matters on the Western Circuit and remains a go-to for solicitors in the South West and further afield.”

Chambers UK 2024, Real Estate Litigation

High-quality set‘, St John’s houses a team with established strength in handling contentious property matters.’ ‘Top quality counsel with in-depth subject knowledge.’ ‘The barristers are approachable, talented and provide a first class service.’ “

Legal 500 2023, Property & Construction

I am always impressed with the prompt responses received via both email and telephone. They are always happy to assist.”

Chambers UK 2023, Real Estate Litigation (Client Service)

The premier set for contentious property matters on the Western Circuit and remains a go-to for solicitors in the South West and further afield. The set boasts a deep roster of barristers with specialist real estate litigation expertise who appear at all levels of the court system, including the Court of Appeal and Supreme Court.”

Chambers UK 2023, Real Estate Litigation

St John’s Chambers is the premier set for contentious property matters on the Western Circuit and remains a go-to for solicitors in the South West and further afield. As one instructing solicitor puts it, ‘the set is the biggest player in the South West and has a really good spread of expertise’.”

Chambers UK 2022, Real Estate

The team is probably one of the best I have dealt with – they cannot do enough for you and they go above and beyond to meet your needs.”

Chambers UK 2022, Real Estate (Client Service)

St John’s Chambers is the strongest chambers in the South West for property work.”

Legal 500 2022, Property and Construction

Seminars & Events

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