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Land law: this includes advising about contracts for the sale of houses or other real property, remedies for breach of contract, and remedies for misrepresentation. Checking title documents in unregistered land, including plans and ascertaining boundaries, and checking for restrictive covenants and rights of way. Advising in relation to registered land and the effect of matters which are registered in the Land Registry, or the effect of matters not being registered.
Restrictive covenants imposed on land: including advising as to their meaning, and whether they remain enforceable, and if so who has the benefit of them, and which land is subject to them.
Advising on whether the Lands Tribunal will be prepared to extinguish or modify a restrictive covenant under s84 of the Law of Property Act 1925, and if so on what terms.
Easements: checking deeds to ascertain whether a right of way (or other easement) has been conferred and if so which land has the benefit and which land is subject to the easement. Ascertaining whether the right of way is conferred for all purposes including business purposes and vehicles, or whether and if so in what way it is restricted.
Prescriptive rights, eg vehicular rights of way acquired by use for 20 years; advising on the type of evidence necessary to prove or disprove the existence of such rights of way.
Advising on the complications where it is a criminal offence to drive over land such as a village green.
Adverse possession: advising whether ownership to land has been acquired (or lost) by 12 years possession of someone who is not the paper title owner. Advising on the type of evidence to prove or disprove that adverse possession has been acquired, and who may be witnesses able to give relevant evidence.
Landlord and tenant: advising on matters arising from a lease or tenancy agreement, including breaches of covenant and dilapidations and forfeiture of the lease. Advising on the effect of statutory provisions such as the Rent Acts in the case of old tenancies, or the Housing Acts and assured tenancies, business tenancies and Part II of the Landlord and Tenant Act 1954, and enfranchisement (compulsorily buying the freehold) under the Leasehold Reform etc Act 1993.
Trusts of land: advising as to the possibility of obtaining a Court order for the sale of property under the Trusts of Land etc Act 1996 where there is a disagreement between beneficiaries or trustees as to the whether it should be sold.
Probate: advising on the validity of a will, and whether it has been executed so as to satisfy the requirements of the Wills Act 1837. Advising on the evidence needed to prove that a testator did or did not have the mental capacity to make a valid will, and as to the witnesses who may be able to give evidence to which the court will give weight. Considering the context and contents of a will and comparing them with earlier wills, to check if a will expresses the true wishes of a testator.
Advising as to the interpretation and effect of a will. Advising as to the effect of the intestacy rules where a person dies intestate.
Administration of estates: advising how an estate should be distributed, as to the powers and duties of personal representatives and trustees in administering estates, and the remedies of beneficiaries if a personal representative is in breach of trust. Advising trustees as to the limits of their powers, eg as imposed by the rule against self-dealing. Advising on the appropriate steps if a beneficiary is difficult or impossible to find.
Trusts: advising as to the terms on which a trust fund is held, as to the powers and duties of trustees, and the remedies of beneficiaries if a trustee is in breach of trust. Advising trustees as to the limits of their powers, eg as imposed by the rule against self-dealing.
Advising on the effect of trusts created by proprietary estoppel, and trusts of houses owned jointly by spouses or cohabitees.
Family provision: advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975, including who may make such a claim, the time for claiming and the evidence needed either to support or to oppose a claim, and advising as to the type and value of awards which the court may make.
Equitable remedies: these include proprietary estoppel where persons wish to claim an interest in property (often a house) on the basis that they have acted to their detriment in reliance on a representation by someone else. Advising whether the court will grant a remedy, and if so what, and the evidence needed to support or disprove such a claim.
Advising on rectification of a document, where it can be proved that a document mistakenly contains provisions which are different from what the parties agreed, including rectification of a will under s20 of the Administration of Justice Act 1982. Injunctions and specific performance of contracts for the sale of land.
Partnership: advising as to the existence of a partnership where there is no written agreement. Advising as to the terms of a partnership, and the rights and duties of partners during the partnership and on and after its dissolution.
Professional negligence: advising on claims that a firm of solicitors has given negligent advice or negligently failed to protect a client’s interests, and advising on the damages claimable. Advising on claims that surveyors have negligently surveyed or valued property.
General contract: advising on the interpretation and effect of a contract including remedies for breach.
Limitation: advising on whether claims are barred by the Limitation Acts or by delay.
Litigation: settling statements of case in relation to the above matters, advising as requested at all stages up to trial on matters arising such as the documents and witnesses, and representing the client at court.
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