Property & Planning

East Anglian Chambers' members are knowledgeable about areas such as land registration, boundaries and easements, possession and homelessness, property related torts and contractual matters”

Legal 500 (2015)

Our Property team offers clients legal expertise, first class advocacy and commercially sound advice in a broad range of property matters and disputes. We are able to provide a flexible service including provision of timely written or oral advice when a problem is first recognised, representation at ADR, in the First-tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber), at public inquiries, the County Court or, in larger or more complex cases, the Business & Property Courts.

Whether property is held freehold, under an agricultural or business tenancy, a residential long lease, or a secure or assured shorthold tenancy, the areas in which East Anglian Chambers’ Property Team can offer sound advice and skilled representation include the following :


  • Co-ownership and Trusts of Land, including common intention constructive trusts, resulting trusts or proprietary estoppel
  • Boundaries, including alteration/rectification of the register at HM Land Registry under s65 of and Schedule 4 to the Land Registration Act 2002
  • Adverse possession, concerning both unregistered land under the Limitation Act 1980 and registered land under Part 9 and Schedule 6 of the Land Registration Act 2002
  • Matters concerning registration at HM Land Registry, including the effect of first registration and interests subject to first registration, overriding interests, charges, etc
  • Easements and private rights of way
  • Establishing or challenging claims to public rights of way
  • Restrictive covenants, their validity and application, and applications under s84 of the Law of Property Act 1925 to the Upper Tribunal for modification/discharge
  • Actions for trespass and nuisance (including Rylands v Fletcherstrict liability)
  • Control of building works under the Party Walls, etc Act
  • Local authority action to improve housing conditions under Part 1 of the Housing Act 2004, interim Empty Dwelling Management Orders, etc

Agricultural land

  • Disputes arising under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995
  • Housing rights of former agricultural workers

Business tenancies

  • Advising on proposed lease terms, including assignment, break clauses and repair liability
  • Disputes over the refusal to grant or the terms of a new business tenancy
  • Interpretation and/or implementation of a rent review clause
  • Evicting a problem tenant
  • Recovery of commercial rent arrears
  • Terminal dilapidations

Residential long leasehold

  • Service charges and other management issues, including the appointment of a manager for cause and exercise of the statutory no-fault right to manage
  • Attempts to forfeit leases for breach of obligations to keep the premises in repair
  • Enfranchisement of houses and flats, and individual lease extensions
  • Tenants’ rights of first refusal to purchase the freehold on certain sales by landlords under Part 1 of the Landlord and Tenant Act 1987

Residential short tenancies

  • Possession proceedings for rent arrears, breach of obligations under the tenancy, and/or anti-social behaviour
  • Challenges to notices of increase in rent under the Housing Act 1988
  • Management of houses in multiple occupation (HMOs)
  • Selective licensing
  • Penalties for certain housing offences under s249A of the Housing Act 2004
  • Rent Repayment Orders
  • Unlawful eviction

Planning & compulsory purchase

  • Public Local Inquiries concerning planning applications and established use certificates and in connection with environmental issues, e.g. smell, noise nuisance and waste control for both public and private sectors
  • Advising and acting for clients on land compensation issues including properties affected by interference from public works, highways under the Land Compensation Act 1973 and Compulsory Purchase Orders