Andrew Noble LLB (Hons) [Manchester] FRICS, FCIArb

Contact details

T:   +44 (0) 845 299 6760
F: +44 (0) 845 299 2760
skype: andrew.noble0860
andrewnoble@NobleADR.com

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Andrew Noble: Some Experience involving Boundaries, Easements, Profits and Party Walls

Whatever the nature of the land, property or boundary dispute concerned Andrew Noble can bring his experience and expertise in providing legal advice, drafting court documents and representing parties in court or in HM Land Registry Adjudications. Recent examples of Mr Noble’s work include where he has advised, drafted proceedings and represented clients are as follows:

  • Acting as counsel in an application to HM Land Registry Adjudicator in connection with a disputed area of land involving paper title and long use and occupation of land;
  • Drafting appeal documents, advising and acting as counsel in an appeal from HM Land Registry Adjudicator’s decision (not involved in the case before the Adjudicator);
  • Acting as counsel in an appeal from a Circuit Judge’s decision involving the interpretation of a conveyance and a failure to subordinate the conveyance plan to the wording of the deed of conveyance (not involved in the case before the Circuit Judge);
  • Acting as counsel in a council claim by a commercial tenant that the landlord’s adjoining land was locked creating an alleged ransom strip (due to inadequate conveyancing). Arguments centred around the proper interpretation of deeds of conveyance, implied easements (of necessity and intended use), s. 62 LPA 1925, Wheeldon v Burrows etc.
  • Acting as counsel in a five day High Court (Chancery Division) hearing where the case involved an adverse possession claim for land between adjoining neighbours of unregistered land. Regrettably the Defendant was committed to prison for contempt of court, in which I advised and drafted the proceedings as well as appeared as advocate.
  • Acting as counsel in the Chancery Division of the High Court in a contested right to light claim involving two adjoining business premises before the VC;
  • Acting as counsel for the Claimant in a five day High Court hearing involving an adverse possession claim between adjoining neighbours of registered land.
  • Acting as counsel who was met with a claim that he had abandoned a house which resulted in its demolition by the next door neighbour. Arguments centred around abandonment and adverse possession and Quantum of the Claimant’s claim (The judge exactly agreed with the claimant’s damages figure suggested in order to settle the dispute, with significant adverse cost consequences for the defendant).
  • Acting as counsel in relation to interference with an easement of support in connection with and damage to a public sewer;
  • Acting as counsel for the Defendant who demolished a structure on the instruction of the reputed owner whom it turned out did not own it.
  • Acting as counsel for the Defendant (Railway company) in an alleged adverse possession claim by an adjoining squatter.
  • Defending a developer concerning a claim brought by the Co-op who sought an increased level of damages based upon the commercial development value of the land rather than the much lower agricultural value of the land before development.
  • Acting as counsel for the developer defending a claim brought by a farmer against my client for trespass and encroachment, seeking damages based on the commercial value of the land rather than the much lower agricultural value;
  • Acting as counsel (advising, drafting and representing a Claimant) in several Party Wall etc Act 1996 disputes including one substantial dispute involving a hotelier and developer. Disputes have resolved around failure to comply with the requirements of the 1996 Act and the commission of trespass and nuisance, the meaning of party structures,the Act’s dispute resolution process and appeals.
  • Acting as counsel as advocate in a public right of way claim (involving the Inclosure Acts) in a Public Inquiry;
  • Advising and drafting proceedings against a householder who undermined a structure and caused significant damage thereto interfering with an easement of support;

 







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