Property & Chancery
Olivia is passionate about property law and is building her practice across a range of areas following completion of her heavily property centred pupillage in 2015.
Prior to commencing pupillage, Olivia spent time representing clients pro bono in the county court. Such a role allowed Olivia to represent both private and secure tenants in possession proceedings and gain an understanding of human rights defences. Olivia also developed knowledge in ownership and possession of land during engineering works to the railway through her role as a Dispute Resolution Consultant at a construction law firm.
During pupillage and in her own practice, Olivia has been further exposed to a diverse range of property and chancery matters including:
- Forfeiture and claims for rent arrears and service charges in beer tie leases;
- Trespass and nuisance, including disputes concerning property damage, tree root encroachment and negligent construction works;
- Restrictive covenants and overage provisions;
- Rights of way;
- Adverse possession and boundary disputes;
- Leasehold enfranchisement;
- Misrepresentation in conveyancing transactions;
- Service charges and interpretation of lease provisions;
- Possession orders, including suspension of warrants, mortgage repossessions, service occupiers and mobile homes;
- Tenancy deposit schemes; and
- Charging orders and orders for sale, including applications made by trustees in bankruptcy.
Recent work has included:
- Advising in a dispute whereby tenancies had been granted by and to a sole trader and a company in the wrong legal entities. The case involved consideration of Bruton tenancies, tenancies by estoppel and implied tenancies.
- Advising as to the validity of a notice to quit and application of the Protection from Eviction Act 1977 when residential property is let to a business.
- Representing a defendant landlord in a dispute concerning surrender of a lease for equestrian premises. The dispute also concerned detention of horses under the Animals Act 1971.
- Advising in respect of challenging the validity of a mortgage on the basis of presumed undue influence.
- Representing a trustee in bankruptcy in defending an application for a charging order on the basis that a bankrupt does not retain any interest in the property under section 330 of the Insolvency Act 1986.
- Successfully representing a landlord in recovering £20,000 in rent arrears.
- Advising and drafting a defence in a claim relating to Japanese Knotweed. The case involved consideration as to whether damages can be awarded for innocent misrepresentation where rescission is not available as a remedy.
- Acting on behalf of freeholders and leaseholders in applications to the First Tier Tribunal (Property Chamber).
- Representing a tenant in an application for an injunction under the Anti-Social Behaviour, Crime and Policing Act 2014.
- Advising and drafting a claim concerning maintenance of closed churchyards pursuant to the Local Government Act 1972.