LAND OWNERSHIP DISPUTES

We act for farmers and landowners all over the country in disputes concerning ownership of land.

We are panel solicitors for the National Farmers Union in more counties than any other law firm in the UK and our expertise in this area has been ranked by the leading legal directories in ‘Band 1’ and the ‘Top Tier’.

We are also the sole appointed legal advisors to the ‘Business Clinic’ in the industry leading publication ‘Farmers Weekly’.

No matter how complex the issues involved, we can provide market leading legal guidance. Your case will be carefully considered by our specialists and we’ll take an in-depth look at your land, including conducting site inspections where appropriate. We’ll provide you with down-to-earth, practical guidance, exploring your options available to best protect you and your interests.

KEY CONTACTS

Russell Reeves

Partner 0117 930 9598

Robert James

Partner 0117 374 9614

EXPERTS IN LAND AND LITIGATION

Land ownership is not always straight forward and disputes can take many forms. It may be that the land is held in a partnership or company in which case the terms of the partnership or the company’s articles of association may be relevant. You may have inherited land or own land jointly with family members and wish to sell it, or another member of the family may wish to sell land and you do not. You may have been promised land and have a proprietary estoppel claim or you may have an adverse possession claim based on ‘squatters rights’.

The legal issues surrounding land ownership are complex and not straight forward, however with our market leading agricultural land sector knowledge, the volume of farming clients for whom we act and our experience in successful cases, we are well placed to advise you.

Our lawyers are experts in property law and are skilled in resolving disputes without the need for court proceedings. However, if your case does proceed to Court, we have an excellent track record of successfully representing our clients in the highest courts in the country.

We work with our clients and are committed to your personal and business objectives and it is our aim to ensure that you have the clarity you need to make informed decisions. Our team will work closely with you to understand your situation and to help you to achieve the best outcome.


We work with our clients and are committed to your personal and business objectives and it is our aim to ensure that you have the clarity you need to make informed decisions. Our team will work closely with you to understand your situation and to help you to achieve the best outcome.

  • Successfully represented an appellant farmer in the Court of Appeal, on the issue of equitable relief, in a proprietary estoppel claim concerning promises about the ownership of farmland worth over £10m (Moore -v- Moore [2018]).
  • Successfully represented a farming son in a High Court proprietary estoppel claim involving farm land and assets worth £8-10m. The dispute centred on a 650-acre farm in Oxfordshire. The case was successful following a seven-day trial in the High Court of Justice, Chancery Division. (Gee -v- Gee [2018]).
  • Acted for the partners of dairy farm in a dispute about who owned farm land worth many millions. One partner was retiring and claimed that the farm land was owned by the partnership (including him) and that he was entitled to millions of pounds for his share. However, upon our thorough investigation of the retiring partner we discovered that in his earlier matrimonial divorce he had stated that the farm land was not a partnership asset but belonged to his parents. It was our investigation which resulted in an extremely favourable settlement to our farming clients, which allowed them to continue farming with the farm remaining in-tact for future generations.
  • Successful at arbitration in a dispute concerning the ownership of a family dairy farm worth £4m. The case involved a son retiring from the farming partnership who sought a dissolution of the partnership, a sale of the farm and the paying to him of his share. We acted for the remaining partners who wished to avoid dissolution and continue in partnership together. There was a dispute on whether a longstanding and valuable Agricultural Holdings Act Tenancy was partially owned by the retiring partner, and if it was, a further dispute about the correct way to value it. This involved contested valuation advice from several well-known national land agents. Our farming clients were successful at arbitration. It is worth noting that in many farm partnership agreements there are ‘arbitration clauses’ and careful consideration needs to be made concerning whether they apply.
  • Acting for a land owner in an adverse possession claim at trial, successfully defending the claim on his behalf following which the unsuccessful claimant was ordered to pay our client’s legal costs.
  • Advising a farming couple in relation to an adverse possession claim over their land by the Woodland Trust.
  • Winning a trial on behalf of a farmer against his former girlfriend who claimed our client had gifted her some land. Following a two-day trial our farming client was successful in demonstrating that the land was not a gift, but he was part owner of the land under trust. The case involved an application for an order for sale of the land under the Trusts of Land and Appointment of Trustees Act 1996 and our client was also entitled to recover his legal costs.

Our expertise in this area encompasses:

  • Adverse possession
  • Co-ownership
  • Company disputes
  • Orders for sale of land
  • Ownership and inheritance
  • Partnership disputes
  • Proprietary estoppel
  • Rectification of title issues
  • Trusts of Land and Appointment of Trustees Act

Industry Accreditations

We have strong ties to the following:

 

Acting as National Farmers Union panel solicitors for more counties than any other law firm in the country, we have strong ties to the following:

  • Agricultural Law Association 
  • British Institute of Agricultural Consultants
  • Central Association of Agricultural Valuers
  • Country Land and Business Association
  • Royal Institution of Chartered Surveyors
  • Tenant Farmers Association

We are also proud to be the sole designated legal contributor to the Farmers Weekly Business Clinic.

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NFU Members

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As an NFU Panel Firm we offer NFU Members a 12.5% discount on our fees for qualifying cases and if you subscribe to the NFU’s Legal Assistance Scheme further funding from the NFU may be available.


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