Freehold Property Disputes – New Guide

An interesting new guide which assists property litigation practitioners has been published. The practical guide contains matter plans, commentaries and precedents for Acting for the Claimant and Acting for the Defendant.

The commentary covers the following topics:

• Nuisance;
• Trespass;
• Boundary issues;
• Breaches of covenant;
• Ownership disputes;
• Going to the tribunal – First-tier and Upper Tribunals;
• Going to court – Part 7 and Part 8 of the Civil Procedure Rules.

New precedents include:

• Retainer instructions;
• Letter to local authority reporting statutory nuisance;
• Letter to defendant before action – Private nuisance;
• Example content – Particulars of claim – Private nuisance;
• Example content – Defence – Private nuisance;
• Letter to process server with instructions to serve interim possession order against unknown occupier;
• Example content – Particulars of claim – Possession after trespass;
• Example content – Defence and counterclaim – Trespass;
• Letters following the boundary disputes protocol;
• Letters to claimant’s solicitor asserting adverse possession claim and discussing next steps;
• Scaffolding licence;
• Deed of release of restrictive covenants.

The Freehold Property Disputes guide is a comprehensive and practical resource for practitioners who are advising and representing both claimants and defendants in property disputes.