Land Purchase, Development, Adverse Rights & Remedies
In recent years, Maitland has both advised and represented clients of all sizes (from FTSE 100 quoted companies to small single-site ventures) in relation to all relevant steps in the property development process: from financing and site assembly through the interpretation and enforcement of purchase and building contracts and joint venture and overage agreements.
Our barristers have also been involved in some of the most recent and important cases in relation to adverse third party rights over development land. These are all areas in which Maitland has particular and extensive expertise and experience.
The interpretation of contracts and provisions lies at the heart of much of the work that we do. That necessarily includes the consideration of questions of construction, but also the difficult area of rectification; both areas in which leading Maitland barristers have been involved in advising and representing clients in the recent past. Those contracts include those granting options and providing for overage and claw-back, creating joint ventures and those providing for the disposition and development of land.
Drawing on the strong cross-disciplinary abilities and experience of its barristers, we are often asked to advise on broader commercial disputes in the real estate sphere: that may involve the law of joint venture and partnerships (including LLPs), fiduciary duties (including commissions and secret profits) and related remedies including the obtaining of freezing injunctions.
Advice on and representation in relation to third party rights is one of the central features of our work, including;
- easements (including rights of light)
- restrictive covenants (including release and modification)
- the impact of other adverse rights,
- compensation under statutory schemes (as to which see “Rural Land Use”)
We are often asked to, and do, rapidly turn work around (often in relation to the obtaining of interim remedies), acknowledging and engaging with commercial realities and clients’ priorities.