Real Property
James has wide experience in the field of real property: he advises in relation to trusts of land (especially trusts for sale and disputes following break-up of unmarried couples), easements, options, adverse possession and boundary disputes.
James also handles professional negligence disputes concerning property professionals such as lettings agents, surveyors and valuers.
Recent Cases:
James has been instructed in a number of high-value co-ownership cases regarding London properties. These arise out of relationship breakdown, attempts within minority communities to help other community members, and the operation of foreign-based property owning trusts.
Reported cases
Greenwood Reversions v World Environment Foundation & Mehra [2008] EWCA Civ 47, [2008] HLR 31, [2009] L&TR 2
Court of Appeal: waiver of forfeiture where landlord makes an unequivocal demand for rent, what amount to an unequivocal demand, availability of relief.
Mehra v Mehra & Aras [2008] 3 EGLR 153 Central London CC (Chancery List) HHJ Hazel Marshall QC
Overriding interests: whether occupier’s assertion of actual occupation sufficient to establishing an overriding interest under para 2 of schedule 3 to the Land Registration Act 2002; whether allegation of fraud capable of rendering subsequent sale void.