Representing a leaseholder in dispute over encroachment

Dean represented a leaseholder in a dispute with his freeholder in respect of encroachment of the demised premises.

The building in question had a somewhat complex layout which had resulted in the client occupying areas that were not, it was argued, within the demise of his property.

The freeholder brought a claim for possession of the disputed area, the delay of which had led to the remaining term on the lease to reduce such that a new lease would be required to enable the property to be sold, as was the intent.

The matter proceeded to trial, at which Dean was able to negotiate a settlement on behalf of his client which secured a new lease for an extended term, to include the areas in dispute within the demise, thus enabling the client to sell the property as he intended.