Neil Fawcett

I act for individuals, private companies and public bodies in relation to commercial property disputes, including multi-day High Court and County Court trials and experience of trials in the property tribunal.

The litigation work I handle relates to securities over real property, in particular, the law relating to mortgages and charges over registered land especially in connection with banking and finance work.

The specialist areas I cover include:

• Mortgages and Charges over Land (including charging orders and tracing sale proceeds).
• Possession claims.
• Landlord and Tenant (including business tenancies).
• Land Registration (including litigation relating to notices, restrictions and priorities).
• Contracts for sale of land.
• Adverse Possession.
• Easements and Restrictive Covenants.
• Trusts of Land (including claims for beneficial interests, actions by beneficiaries to remove/replace trustees).
• Insolvency issues in the real property context.
• Commercial developments and building disputes.
• Agricultural holdings.
• Leasehold enfranchisement.
• Fraudulent property schemes and “sale-and-rent-back” litigation.
• Advice in multi-million pound overage litigation for property developers.
• Defending claims against pub landlords under leases with breweries.
• Construction contracts (e.g. advice for developers of residential blocks in Birmingham City Centre regarding flood damage).