Call +44 207 306 0102 or contact us

Mark Studer

Call: 1976   

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

Property

Mark’s property work embraces all aspects of real property law, including mortgages and charges, easements and boundaries, restrictive covenants, conveyancing (included registered land and adverse possession), options, equitable proprietary remedies and co-ownership and trusts of land.

Recent/notable cases include:

  • Appearing for and advising the trustees of the residents’ association of a substantial private residential estate (100+ residents) in contentious litigation as to the property rights and obligations of residents under the trust and the reformation of their constitution, the right of the trustees to payment of costs from trust funds in the court proceedings, there being issues as to the court’s jurisdiction in relation to the adoption of a new deed of trust for the estate.
  • Advising and acting for the executor of the estate of a deceased Lloyds’ Name where the administration had taken many years and the estate’s farmland was being managed by the farming company of one of the family, the proceedings being for possession against the farming company but raising wide issues of adverse possession, Agricultural Holdings Act tenancies, estoppel and/or equitable forbearance and undue influence.
  • Successfully obtaining for several institutional occupiers of a private estate an injunction and declaration that the local authority’s proposal to install an unmanned code-operated barrier controlling entry to the estate would be a substantial interference with the rights of occupiers under a local Act of Parliament, requiring consideration of the local authority’s powers and duties and permissible interference with rights of way over private roads.
  • Appearing for tribunal applicants to modify restrictive covenants restricting density on a development plot in Gerrards Cross, raising issues as to the proper measure of compensation and the consequences for costs in the applications.
  • Advising and appearing in contested administration proceedings for three out of four of the executors and residuary beneficiaries of a landed estate in Wales, the case raised numerous questions with regard to the powers and duties of personal representatives in relation to the appropriation and conveyancing of beneficiaries’ landed interests, partition, the sale of estate land and distribution of landed assets by personal representatives.
  • Advising a diocesan board for education as to the merits of a claim for reverter in relation to the site of a former Church of England school which had closed for educational purposes; requiring detailed consideration of the provisions of the School Sites Acts and the Reverter of Sites Act in relation to gifts of land to ministers and churchwardens; and the capital gains tax consequences of land ceasing to be held on charitable trusts.
  • Advising a charity holding land ripe for development on the nature of its permanent endowment and the restrictions controlling dealings with the same, including the legal status and conveyancing effect of a contract already concluded for the disposition and substantial redevelopment of the land which failed to comply with the requirements of the Charities Acts, advice as to available remedies and as to the scope of the jurisdiction of the Charity Commission to sanction the proposed disposition and redevelopment.