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Charlotte Black

Call: 2006   

+44 (0)20 7306 0102cblack@wilberforce.co.uk

Property

Property forms the core of Charlotte’s work.

Within four years of starting practice at Wilberforce, Charlotte was recommended as a leading real estate junior and recommended for her ‘great advocacy and helpful approach’. Charlotte has also spent two years working in the property litigation department at Forsters LLP. She is therefore familiar with working as part of a team with property litigators and property transactional lawyers on a broad range of matters.

Charlotte accepts instructions on all matters with a property angle, including professional negligence matters. Areas of work include:

  • Adverse possession
  • Commercial, residential and agricultural landlord and tenant
  • Contracts of sale, options and rights of pre-emption
  • Development contracts, overage and construction disputes
  • Easements, restrictive covenants and boundary disputes
  • Joint ventures
  • Land registration and conveyancing
  • Mortgages, charges and other secruities, with particular experience of matters involving LPA receivers
  • Property -related torts: nuisance, trespass
  • Property-related professional negligence: solicitors surveyors, valuers, land agents
  • Property-related finance and insolvency
  • Rights to light
  • Trusts of land, proprietary estoppel and co-ownership
  • International and off-shore property

 

Charlotte’s key experience includes:

Commercial Landlord and Tenant

  • Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd [2013] EWCA Civ 1656 – acted for successful landlord in one of leading recent reported dilapidations cases (whilst at Forsters LLP).
  • Gater & Ors v Wellington Real Estate Ltd & Anor [2014] UKUT 561 (LC) – acted for freeholder and intermediate leaseholder in an appeal to Upper Tribunal (Lands Chamber) from the First Tier Tribunal concerning the apportionment of residential service charges in a mixed residential / commercial building.
  • Acted for leading property developer landlord in a claim under ground (f) Landlord and Tenant Act 1954, including issues relating to adverse possession (with Martin Hutchings QC).
  • Advised a developer on strategy for obtaining vacant possession of large retail site in Stoke-on-Trent to enable redevelopment (whilst at Forsters LLP).
  • Regularly advised as to the validity of break notices and as to conditions to be complied with to exercise lease breaks.
  • Acted for an investment bank in a service charge dispute (whilst at Forsters LLP).


Real Property          

  • Acted in a County Court case concerning the existence and extent of a right of way to access a golf club.
  • Acted in a County Court case concerning whether a right of way to a residential property had been obtained by prescription.
  • Advised as to the enforceability of a restrictive covenant preventing development by a neighbour. The covenant restricted building without the ‘written consent of the Purchaser’, defined as a specific individual in the Deed of Covenant, who had since died (whilst at Forsters LLP).
  • Advised as to a property owner’s liabilities following the collapse of a wall at her property, and as to a possible claim against her neighbour for causing the collapse by the installation of decking.
  • Regularly advised in possession claims involving trespass to land and adverse possession.


Mortgages

  • Advised a large charity on strategy to recover overdue secured loan made to a property developer.
  • Advised a bank as to the strategy for appointing LPA receivers to obtain possession of mortgaged property.
  • Acted in mortgagee and LPA receiver possession actions.


Residential Landlord and Tenant

  • Gater & Ors v Wellington Real Estate Ltd & Anor [2014] UKUT 561 (LC) – acted for freeholder and intermediate leaseholder in an appeal to Upper Tribunal (Lands Chamber) from the First Tier Tribunal concerning the apportionment of residential service charges in a mixed residential / commercial building.
  • Acted for a landowner in complex possession claim against high profile individual living on his estate (whilst at Forsters LLP).
  • Regularly instructed in residential possession claims.


Development

  • Acted in arbitrations raising issues as to whether satisfactory planning permissions had been granted under conditional development agreements.
  • Advised a developer of large residential block of flats in Bristol following the failure of a significant number of purchasers, who had exchanged contracts to buy apartments off-plan before the recession, to complete their purchases (whilst at Forsters LLP).
  • Acted for a City Council in a dispute with a property developer regarding a development agreement (with Jonathan Seitler QC, David Elvin QC and David Holland QC).


Co-ownership

  • Acted for an individual in a co-ownership dispute with his daughter and son-in-law.
  • Appeared in a County Court trial regarding the beneficial ownership of a residential property, including allegations that a signature on a deed of trust was obtained by undue influence.