Cases
Silverblue Homes Limited v Redchurch Equity Limited
St John’s Chambers is a ‘first-class‘ set for property and construction law work, with a range of experienced barristers and upcoming juniors.”
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Our Real Estate team have a wealth of experience in advising and representing commercial, agricultural and residential clients in boundary disputes with neighbours and in adverse possession claims.
The system of land registration in England and Wales does not conclusively determine the ownership of land because boundaries shown on registered plans are usually general boundaries only and are subject to alteration/rectification under the Land Registration Act 2002. Conveyances can be ambiguous or inconsistent, and often the position on the ground does not match what the paper title appears to show.
In these circumstances specialist advice and representation is often required to resolve the issue of ownership, and our team can help with this.
Areas of expertise:
- Interpretation of parcels clauses and maps in conveyances
- Ownership of walls, fences, verges, banks and hedges including Devon and Cornish hedges
- Ownership of tidal and non-tidal river banks, lakes and the foreshore
- Ownership of private tracks and the subsoil under highways maintainable at public expense
- Application of legal presumptions in relation to fences, highway boundaries, bodies of water, and hedges and ditches
- Determining claims to adverse possession in relation to unregistered land and registered land under the Land Registration Act 2002 and the transitional provisions
They also advise on party walls, rights of way, rights to light, restrictive covenants, nuisance (e.g. subsidence and withdrawal of support, flooding, tree roots) and other types of disputes arising between neighbours.
We understand our clients’ interests and needs and we aim to provide a cost-effective service that meets them.
Mediation
As the number of cases being dealt with by way of mediation increases, our mediation team is on hand to help, as advisers, advocates and 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]
You can also access our Real Estate Podcast channel where Brittany Pearce and Daniel Soar discuss litigation of boundary disputes. Listen here.
View our Real Estate digital book here for further details about how we can help you.
Boundary Disputes Team
Alex Troup KC
- Call: 1998
- Silk: 2023
Charles Auld
- Call: 1980
John Sharples
- Call: 1992
John Dickinson
- Call: 1995
Christopher Jones
- Call: 2004
Michael Clarke
- Call: 2009
Oliver Wooding
- Call: 2009
Charlie Newington-Bridges
- Call: 2011
Adam Boyle
- Call: 2012
Joss Knight
- Call: 2014
Annie Sampson
- Call: 2015
Brittany Pearce
- Call: 2015
Charles Shwenn
- Call: 2017
Kayleigh Bloomfield
- Call: 2021
Nicole Hilton
- Call: 2021
Ben Harwood
- Call: 2022
Guy Adams
- Call: 1989
Richard Gold
- Call: 2006
Resources
- Podcast
Boundary disputes
- Article
Setting boundaries
- Podcast
Measured duty of care
- Article
Measured duty of care
Directory Quotes
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.”
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 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.”
I am always impressed with the prompt responses received via both email and telephone. They are always happy to assist.”
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.’ “
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’.”
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.”
St John’s Chambers is the strongest chambers in the South West for property work.”
The premier set for contentious property matters on the Western Circuit, St John’s Chambers 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.”
St John’s Chambers members appear in the Supreme Court and Court of Appeal, as well as the new Property and Business Courts in Bristol.”
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