A recent High Court decision has confirmed that whether or not the use of a right of way is excessive will depend on the individual circumstances, and that unrestricted rights of way can in fact be limited.
Helen has a wealth of experience in property litigation including:
- Dealing with a complex claim for the return of a £2 million deposit paid by a buyer for a development site further to the rescission of the sale contract. High Court proceedings were issued and a freezing injunction application was made against the seller to stop the monies being taken out of jurisdiction. The claim for the return of the deposit settled shortly after the freezing injunction was obtained.
- Acting for a developer in a Tribunal application under the Electronic Communications Code against two telecommunications operators for the alteration of their electronic communications apparatus, situated on land adjacent to the client’s site, which adversely impacted on the client’s ability to carry out a proposed multi-million pound development. The claim settled before the final hearing with the operators agreeing to alter their apparatus so that the development could proceed.
- Advising a commercial tenant on the rectification of a rent review provision in a lease, which exposed them to an additional rent liability of £1.5 million and the subsequent professional negligence claim against the client’s solicitors firm, who acted on the lease transaction.
- Securing the removal of a tenanted development site where many of the occupiers had security of tenure under the Landlord and Tenant Act 1954 by the service of property notices and the issuing of court applications for orders to terminate the leases.