Property Litigation

Our team of Property Litigation specialists expertly manage all contentious issues concerning commercial and residential property.

Overview

Our team of property dispute specialists expertly manage all contentious issues concerning commercial and residential property. Disagreements involving land and property are common and are often very stressful for those involved due to the financial and emotional pressures. Our property dispute lawyers provide clear and practical advice to achieve a client’s long-term commercial goals. Whilst we are known for being proactive in pursuit of this outcome, and this often leads to us commencing proceedings through the Courts or Lands Tribunals, our team are expert negotiators and will seek to resolve disputes by way of alternative dispute resolution (mediation, arbitration, adjudication and round table meetings) whenever appropriate. Our team play an active role in providing strategic advice on non-contentious matters (for example, the interpretation of clauses in commercial land contracts and the enforceability of restrictive covenants) to assist clients when making an informed decision or assessing the risk of pursuing a particular course of action.

Featured experience

The team is recognised as having a significant property litigation presence in its own right but it also has the added advantage of providing one of the strongest property departments in the South East with property litigation advice as well as risk assessment services. The team acts on behalf of banks, developers, blue chip companies, national retailers, commercial owners and occupiers of business premises, charities, hotel and leisure operators, local authorities and other public sector bodies as well as high net worth property owners.

The commercial nature of the work undertaken by the property group and the reputation of the team means that we are regularly instructed in respect of disputes concerning promotion agreements, options over land, conditional sale contracts and overage agreements. A recent highlight was a reported case concerning overage provisions in a sale contract and the Court’s interpretation of an ambiguous contractual provision.

With the continued growth of the development sector we have significant recent experience of successfully dealing, whether by way of proceedings or Alternative Dispute Resolution, with cases involving adverse interests over land including restrictive covenants, easements, long user rights, shooting rights and rights of light and air.

The team consists of specialists in the recovery of possession for landlords, mortgagees and landowners and recent work undertaken by the team has included obtaining possession orders and injunctions against repeat trespassers unlawfully occupying both rural and urban properties. In one such recent case possession of the land was recovered within 7 days of receiving instructions. The nature of occupying land evolves with trends and advances in technology and as a result the team has been at the forefront of seeking possession of premises unlawfully occupied by those using online letting hosting sites (i.e. Airbnb) and pursuing injunctions against those subletting their property in breach of their lease and/or legislation.

"Field Seymour Parkes handle all matters in a pragmatic way and the team are always responsive.”
"Field Seymour Parkes is one of my favourite firms to work with. They are clued in and know what they are doing."
Legal 500 UK
"In-depth specialist knowledge of the practice area. Commercial and pragmatic advice."
Legal 500 UK
"The Field Seymour Parkes property litigation team have incredible strength in depth; they have good commercial know-how and deliver a really great product at a very reasonable price."
"The property litigation team at FSP are my number one recommendation for most areas of property law. They combine in-depth knowledge with a very user-friendly approach. They can compete with the big players at much better value."
"A truly first rate property litigation department. I have worked with them for nearly 20 years and have always been impressed by their work ethic and attention to detail."
"They are very structured in their approach; they really take the time to understand the client and contribute holistically," adding: "They use their experience to go the extra mile."
"FSP offer a better service than London firms by marrying experience and specialism with a personal touch. Impressive attention to detail and my first recommendation for all types of property litigation. Extremely good value for money by comparison to competitors."
"The firm has established a niche licensing practice, and is more than capable in matching the better known licensing firms in terms of service and value for money. The advantage that they have is that they offer a one-stop shop, dealing as they do with planning and commercial conveyancing as well as licensing law."
"As a department, they are deep thinkers; keen to win at trial, but anxious to get a good settlement so their clients don’t have to take their chances at trial. They are masters of cost effective litigation in an era when that quality is rarely seen. They are also thoroughly amiable – a joy to work with from the barrister’s point of view."
"Field Seymour Parkes’ real estate litigation practice is second to none. When I am asked to recommend a firm of solicitors in the Reading area by my own friends and family, that is where I send them."
"The team are all very commercial, hands-on and thorough in their approach to litigation."
"Efficient, comprehensive and always willing to find a practical solution to any issues."
"FSP have built a team of quality individuals, all specialists in their field, they offer good sound common sense advice, they are transparent with their scope and charges, and as a client you know exactly where you are. They have a good stream of talent coming through which gives confidence that there is continuity within the firm."