Daniel Soar - Real Estate

Daniel is a specialist real estate practitioner. He has experience in dealing with applications pursuant to the Trusts of Land and Appointment of Trustees Act 1996, residential and commercial landlord and tenant matters, business tenancy renewals under the 1954 Act, forfeiture, rectification, trespass and claims in nuisance.

He also regularly advises in relation to property rights, particularly easements, boundaries, the proper construction of leases and conveyances, as well as restrictive covenants.

Daniel’s recent caseload includes:

• A v Q – an application pursuant to TLATA 1996 for an order for sale of a commercial property between former business partners.
• C v B – a business tenancy renewal under the 1954 Act where there had been no previous formal lease.
• R v Z – a claim against a commercial tenant for unpaid rent.
• J v C – a claim against a property management company for failing to comply with repairing covenants in the lease, including a claim for the proper construction of the lease and a claim in nuisance for water ingress.
• P v C – a claim for residential possession involving an allegation of forgery.
• T v D – a forfeiture claim for breach of lease.
• A neighbour dispute concerning the position of a boundary, the existence of a right of way by express grant and/or prescription, trespass by fencing and the enforceability of a restrictive covenant.
• A dispute concerning the ownership of a boundary feature where the conveyance was silent on the issue.
• A dispute concerning a right of way and the enforceability of a covenant to contribute towards its maintenance.