CLC has successfully litigated on behalf of a group of investors in land banking and in fractional development schemes. It accepts instructions from our instructing solicitors on issues concerning defective title, rights, easements and restrictive covenants. It has been involved in a battle to prevent equitable liens from being overreached during an insolvency process.
Contracts for the sale and purchase of or investment in land often operate differently from other commercial contracts. Members are engaged in establishing and preserving legal and equitable rights, including in implied or constructive trusts connected to neighbouring land or to a property that they have purchased. CLC offers conveyancing assistance to enable the acquisition of registered title or a notice to preserve equitable rights.
There may be issues of professional negligence by a valuer, or a conveyancer to consider.
In leasehold litigation, particularly for repairs and dilapidations
It may also be possible to use adjudication process involving a surveyor.
As an individual seeking more information about group litigation following investment in an apartment or land scheme, follow the link.
Royal Institution of Chartered Surveyors (RICS): http://www.rics.org/Global/Toolkit%20Adjudication.pdf
Royal Institute of British Architects (RIBA): https://www.architecture.com/RIBA/Professionalsupport/Professionalstandards/Adjudication.aspx)
The Land Register: https://www.gov.uk/government/organisations/land-registry