Development

Development

"Shoosmiths LLP attracts praise for its ‘cutting-edge advice’, ‘fantastic client-focused service’ and ‘pragmatic approach to complex multi-party negotiations’."

Legal 500, 2018

Our team specialises in assisting clients prepare for and manage development sites, advising both residential and commercial developers as well as institutional investors, household name retailers, major corporate occupiers and property companies to achieve their commercial objectives in a timely, cost-effective manner.

Whatever the stage of the project, we listen to our clients’ needs and concerns to ensure that our advice and assistance is tailored and practical.

How we can help you

We can assist with the whole range of issues which may impede or affect development, such as:

  • Concerns over the drafting, interpretation and termination of development and joint venture agreements We have substantial experience concerning options, overage, contractual conditions and can advise concerning the use of alternative dispute resolution where appropriate
  • Third party rights: easements such as rights of way and rights of light, restrictive covenants, positive covenants, rights over watercourses, telecoms apparatus, mines and minerals, rentcharges, party wall act issues, adverse possession, access issues, over sailing
  • Site clearance: strategies and project management tools to secure vacant possession from occupiers ranging from tenants to trespassers, protestors to licensees
  • Agricultural law: we can advise on the status of agricultural occupiers and how best to terminate or manage any interests to allow for development
  • Remedies: damages, injunctions, settlements

Work highlights

  • Acting for Student Castle on recovering possession of 15 properties with a mixture of protected and unprotected tenancies in order to redevelop a site into student accommodation.
  • Advising Lendlease Residential (North West) Limited on complex development constraints including rights of light and restrictive covenants at a residential development site in Manchester city.
  • Representing Tingdene Parks Limited in defending a claim for adverse possession and/or rectification over a strip of land between the park and the foreshore that was integral to the operation of the site.
  • Acting for James Hall, who operates the Spar Brand in the north, as tenant to successfully secure a modification of a restrictive covenant that prevented retail use.
  • Acting for Watkin Jones group concerning a challenge by a neighbour to a drainage easement on which our client relied for a substantial residential development, including successfully defeating an application by the neighbour for summary judgment on the meaning of the easement.