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Real estate dispute resolution

Real estate law is at the heart of the work of Eversheds Sutherland. Our reputation for real estate litigation mirrors the strength and depth of our wider property offering and our position as a leading real estate law firm. We advise owners, developers, investors, management companies, end users and others in the development process. From asset management of nationwide portfolios to high profile court battles over iconic developments, we are behind some of the world’s biggest names as they protect their real estate interests.

Experienced real estate dispute resolution lawyers

Our extensive experience handling a diverse array of real estate disputes means we are able to spot issues before they occur, and advise you with confidence on the best approach for each new case. Our work is delivered with cost predictability and through the application of well-honed project management principles; we are tough litigators when we must be, but we are also driven by pragmatic advice, commercial containment of risk, and protection of your interests.

Our practice covers every conceivable type of property-related dispute, including:

  • purchase issues: disputes surrounding the acquisition of commercial, residential and mixed-use real estate
  • development and disturbance: disputes in relation to vacation of existing tenants, analysis of restrictive covenants and easements and general due diligence in relation to commercial, residential and mixed-use projects as well as disputes emanating from an active development site such as nuisance, breach of quiet enjoyment and derogation from grant
  • security of tenure: disputes surrounding contested and uncontested lease renewals
  • effective asset management: disputes over lease termination, rent review, dilapidations, alterations, assignments and sub-letting and the provision of services
  • insolvency: disputes arising out of liquidation, administration and receivership of landlords, tenants, sub-tenants and third parties, all within a property context
  • professional negligence: disputes against other solicitors, valuers and professional agents within a property context
  • property co-ownership issues: disputes between property partners, joint venture partners and issues arising out of other forms of co-ownership
  • disposal issues: disputes arising out of the sale of commercial, residential and mixed-use real estate

As well as substantial experience in these core areas, we also have a number of niche specialties in:

  • agriculture
  • energy and wayleaves
  • energy disputes
  • equality act: disabled access, reasonable adjustments, statutory questionnaires, complaints and claims
  • judicial reviews
  • professional negligence
  • property related contentious telecommunications
  • rating valuation advice and appeals
  • rent review
  • rights to light
  • timber

An experienced real estate dispute resolution team

We are active in various sectors, including:

Consumer

  • acting for numerous retailers in issues arising out of their portfolios
  • acting for a major retailer in successfully defending a guarantee claim worth in excess of £10million
  • litigating issues in retail leases concerning exclusives, operating covenants, restrictions, radius clauses and go-dark/recapture provisions
  • handling numerous suits involving commercial, office and industrial leases, including enforcement of most favored tenant provisions, lease termination liabilities, renewal terms, allocation of condemnation proceeds, parent company liability and other ordinary course issues
  • successfully defending a suit by an alleged owner of a part interest in a large real estate project, who was seeking to prevent the sale of the project to a third party

Diversified industrials

  • advising a multinational automotive producer on exercising a break option in its lease of a manufacturing plant – after a successful settlement we secured a subletting in order to mitigate future liabilities

Energy and natural resources

  • acting for major energy providers defending noise nuisance claims brought by private individuals
  • acting on protestor actions and judicial reviews for shale gas exploration businesses
  • undertaking all real estate litigation for British Gas and Centrica Storage

Financial institutions

  • acting for a major retail bank in its renewal of 850 leases
  • acting for a leading US investment bank over a rent review of their HQ in central London

Transport

  • acting in one of the most complex lease renewal proceedings ever fought, relating to the recovery of possession of an oil terminal at the Port of Immingham, against two of the world’s major oil suppliers – the case established new ground in several aspects of lease renewal law
  • acting for global logistics company DHL in a case which established new law on the topical issue of validity of break notices
  • acting in disputes over the disposal of Tata’s steelworks at Scunthorpe and the renegotiation of terms for their remaining steelworks in Port Talbot

Thanks to the global reach of our real estate dispute resolution teams, we are able to react to changes in the law as they happen. This puts us in a strong position to predict when one of our disputes is likely to be resolved, enabling you to benefit from cost savings and get a real competitive advantage. Our extensive experience enables us to help you to adapt to the changing needs and requirements of the real estate industry.

Contact our real estate dispute resolution team

If you would like any further information or need advice on real estate dispute resolution, please contact our legal team.

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