Direct Access Barrister
JOHN ANTELL LLB Barrister rights of way. adverse possession Fixed Fee. Website | Email
Direct Access Barrister
JOHN ANTELL LLB Barrister rights of way. adverse possession Fixed Fee. Website | Email
I represent clients in the First-tier Tribunal - Property Chamber (Land Registration), at the Upper Tribunal - Lands Chamber, and in the High Court (Business and Property Courts), Court of Appeal (Civil Division) and Supreme Court. Also in County Courts with a Business and Property List.
Geographical area: all of England and Wales
I cover the whole of England and Wales (but not Scotland where the law is different) and always make a site visit before advising.
Area of Law
Chancery
Most of my work concerns private rights of way, adverse possession of freehold land, boundary disputes including issues arising under the Party Wall Etc. Act 1996, and restrictive covenants.
I am a member of the Property Bar Association and the Chancery Bar Association.
Construction, Engineering and Infrastructure
Some of my work concerns boundary disputes including issues arising under the Party Wall Etc. Act 1996.
I am a member of the Technology and Construction Bar Association, the Property Bar Association and the Chancery Bar Association.
Property
Most of my work concerns private rights of way, adverse possession of freehold land, boundary disputes including issues arising under the Party Wall Etc. Act 1996, and restrictive covenants.
I am a member of the Property Bar Association and the Chancery Bar Association.
What sort of work do I do?
Most clients I am asked to advise and represent either have a dispute with their next door neighbour, or simply have a query about their title to their property which they would like to be resolved. They may have discovered that a piece of land which they had always assumed they owned is not shown on their Land Registry title plan. This could be because of a mistake which can be corrected by an application under Schedule 4 of the Land Registration Act 2002, or it may be that an application needs to be made on the basis of adverse possession.
A client may gain access to their property over their neighbour’s land, of their neighbour may gain access over their land. The Register of Title does not necessarily show all rights of way - some rights of way can be valid even if not shown especially if they arise from long usage, and disputes and queries can arise as to whether there is a right of way, how wide it is, whether it is being obstructed, and what kind of traffic has the right to use it. There can be a dispute over the position of a boundary.
Who do I work for?
A client may be in dispute over the exact position of a boundary and whether a wall is party, which would potentially allow work to be carried out under the Party Wall Etc. Act 1996, or whether it is wholly in the ownership of one side.
A property may be subject to restrictive covenants controlling how it can be used or what kind of building is allowed. A dispute may arise as to which neighbouring properties are entitled to enforce the restrictive covenants and/or as to their exact meaning.