Nick is busy with the many aspects of property and chancery work, which covers these areas:
- Conveyancing
- Co-ownership
- Restrictive covenants
- Boundaries
- Easements
- Environmental and planning control
- Mortgages
- Charges
Commercial – Drafting commercial leases, rent reviews and termination of leases.
Residential, Private and Housing – Drafting leases. All areas of housing leases.
Wills, commercial trusts, TOLATA
Synopsis of cases involving Trusts of Land (TLTA 1996)
In the last five years Nicholas Berry has acted in nearly 60 Trusts of Land cases encompassing most aspects of this branch of law in the High Court, County Court and the Court of Appeal. He has also lectured and written articles on equitable accounting in TLTA applications. His other work in wills, inheritance, partnership and commercial cases is also related as it often involves elements of trust and land law.
Specific cases of interest:
- A case where a woman was transferred a residential property from a previous marriage and her new partner joined her in occupation for 18 years and then claimed an interest on the basis of mortgage payments and a course of dealing. The woman was concerned about inheritance for her two children of different partners and the case was contested under the Stack v Dowden and Jones v Kernot principles. The woman gave evidence in a traumatic hearing where her evidence was taken in hospital as she was terminally ill.
- A case where the beneficiaries under a Will contested the executor’s interest in a property shared with the deceased. The case, while fairly typical, illustrates the interplay between Inheritance Act and TLTA principles .
- A case where an odd job man claimed an equal share in a £35 million development company on the basis of a course of dealing and equitable estoppel. This case involves foreign jurisdiction, company and family law.
- A case on appeal concerning the Court’s approach to contributions during co habitation.
- A case where a convicted murderer was claiming an interest in a public house where he had co habited with the publican and then shot her husband.
