In the field of property law, Stephen’s instructions tend to fall into three categories, with some occasional overlap between them.

The first category centres on the 1975 Inheritance (Provision for Family & Dependants) Act, contentious probate claims, claims under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) and breach of trust/proprietary estoppel claims.  As indicated above, these disputes overwhelmingly involve houses (although this is sometimes true of his business law practice as well).

The second category comprises commercial and domestic landlord and tenant disputes, leasehold disputes and mortgagees’s possession claims.

The third category arises out of disagreements between neighbours which usually arise over a boundary and develop into complaints of harassment (and sometimes more sinister behaviour).

RECENT CASES: 

• Advising on a notice to complete in a multi-million pound commercial property transaction.
• Advice, drafting and representation in a proprietary estoppel claim concerning residential property.
• Representation at trial in a claim concerning a constructive trust and residential property.
• Advice and drafting in a contentious probate dispute involving a hitherto unknown sibling.
• Representation at trial in a complex claim concerning relief from forfeiture in respect of commercial premises.
• Drafting and representation in multiple cases involving leaseholder/freeholder disputes – managers, administration charges, dispensation applications.
• Representation and drafting in a dispute over termination of a commercia lease.
• Advice and drafting in an application to remove a personal representative.
• Advice and representation in a case involving the now distant and concluded administration of an estate bitterly fought over by siblings.
• Overlapping with his Business practice, Stephen has recently advised and represented in case involving assignments of commercial leases.  The most recent involved a claim for damages exceeding £300,000.
• Advising on the correct interpretation of two different commercial leases.
• Advice in a highly unusual case involving the beneficiaries of the unadministered estate of a man who died in the mid-1990s.
• Tribunal representation in a case surrounding the true construction of an agricultural conveyance.
• Advice and representation in a trespass case involving encroachment on ancient woodland owned by a community benefit society.
• Advice and representation in a case involving an alleged breach of covenant as between residential lessees, with attendant allegations of harassment.
• Advice for the personal representative of an English estate on the correct approach to a US beneficiary who lacked capacity.
• Representation in a bankruptcy case which morphed into an investigation of elderly family real estate dealings in order to establish whether equally ancient property transactions had been a ‘rainy day’ sham.
• Advice and drafting in multiple cases involving local authority attempts to claw back care home fees from deceased residents and their personal representatives.
• Multiple instructions over many years in 1975 Act cases, for both parties, and likewise with contentious probate claims (and applications regarding personal representatives).  In all cases, early advice is recommended.
• Stephen is currently instructed to advise and represent in numerous ToLATA cases involving a variety of settings from the familial to the commercial and, in at least three cases, a crossover between the two settings.  Most recently this has involved advice in two disintegrated male/female relationships.  
• Advice and representation in possession claims of all kinds, too many cases to mention.  One recent case of note involved a complex counterclaim and receivers.  Another involved a Sikh temple.
• One recent leaseholder dispute of particular interest involved an unfair prejudice petition against a property management company.
• Representation in four neighbour boundary disputes on the periphery of London and in the shires, two of which involve easements.  Another recent case of note involved a sizeable strip of land in the shires and the interpretation of a deed limiting its use.
• See also: Re. Hendry – a case on the 1975 Inheritance (Provision for Family & Dependants) Act, with a focus on claims being out-of-time (i.e. late).