About

I have been advising on property disputes for 35 years, have been a partner at LS for 20 years and Head of Property for the last 5 years.

As a trusted adviser, I use my experience to steer clients through and around the complexities of property law and, if a dispute is unavoidable, to deliver the best result possible. I advise all types of client (from corporates to HNWIs) on all areas of property ligation (from L&T to development disputes to professional negligence) and on disputes in all forums: courts, tribunals, arbitration/expert determination and ADR (inc. mediation).

As practice Head, I aim to ensure that we deliver a timely, results-oriented and cost-sensitive service to our valued clients on all jobs (from bet-the-farm projects to vanilla transactions to advisory work).

Experience

Landlord & Tenant

  • LTA 1954 - including security of tenure, notices, unopposed & opposed renewals and stat comp
  • AFLs - including delayed completion and default, rent free periods, notices to complete
  • Commercial leases - including rent reviews, landlord consents, service charges, covenant default and dilapidations
  • Lease termination - including breaks, surrenders and forfeiture
  • Insolvency - including LTA 1995 (AGAs / guarantees, section 17 notices and overriding leases), liquidations, administrations and CVAs, disclaimers and vesting orders
  • Residential L&T - including PEA 1977, ASTs / HA 1988, ROFR under LTA 1988, service charges under LTA 1985, extensions / enfranchisement under the LRA 1967 / LRHUDA 1993 and RA 1977

Titles, development & neighbour disputes

  • Contract & valuation disputes - including delays / default, NTCs / termination, remedies, valuation / overage, options and pre-emptions
  • Trespass & nuisance - including site clearance, building encroachment, squatters / travellers, protester action, possession and injunctions
  • Title & adverse possession - including applications to the Land Registry and First Tier Tribunals
  • Rights & restrictions - including all aspects of rights of light, restrictive covenants (including section 84 applications), easements (including rights of way / cabling), and exotic rights (e.g. mooring rights)
  • Access and building rights - including Party Wall Act 1996 and Access to Neighbouring Land Act 1992

Debt collection & negligence

  • Money claims & debt collection including stat demands, bankruptcy / winding up petitions, County Court claim, charging orders and orders for sale
  • Professional negligence (including solicitors and surveyors)
  • Planning and regulatory issues

Testimonials

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"Brian Kilcoyne is so good that he tends to eclipse all lawyers around him. His quick but deep mind penetrates the essence of a problem and spots solutions that lesser mortals cannot."
Legal 500
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