Property Litigation
If you are dealing with a property dispute you need a legal team that can provide the necessary expertise and experience to ensure your interests are protected. Our Property Dispute solicitors have many years’ experience in this area and are here to provide clear, concise advice and practical solutions, offering you peace of mind during potentially stressful situations.
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We understand that every case is unique. Our approach is client-centric and solution-oriented, providing tailored solutions that meet your specific needs. We work collaboratively with you to achieve the best possible outcome.
Property litigation may not always be the most effective solution, and we are experienced in alternative dispute resolution methods such as mediation and arbitration.
Whether you are a business, landlord, tenant, home or land owner, we offer the professional guidance you need to navigate complex property disputes.
How we can help
Visit our specific property litigation service pages below to see the full range of help we can provide in each area:
- Commercial Property Disputes
- Residential Property Disputes
- Residential Landlord & Tenant Disputes and Possession
In-House Counsel
Our team of experienced lawyers is well-equipped to support you in various ways. Whether you require advice on a specific issue, additional resources due to capacity constraints, or a second opinion, we are here to help. Explore our legal counsel page for more information and details on our schedule of seminars, specifically designed for in-house counsel.
Work examples
- Management of large nationwide retail & industrial portfolios for property investors/ asset managers from service of notices to contested lease renewal litigation under the Landlord & Tenant 1954 Act.
- Working with a private owner to ensure vacant possession is given to various commercial units so that they are ready for development.
- Serving schedule of dilapidations for large commercial client landowner in Southampton and assisting building surveyors in the resulting negotiations and diminution in value arguments raised concluding in settling the proceedings by court order.
- Recovering possession from a tenant who was claiming he was withholding rent because repair work needed doing to the property for damage he had caused himself. Obtained order for possession, arrears and costs. Further obtained full recovery of sums owed to landlord after tenant made various attempts to avoid service of the bankruptcy proceedings.
- Obtained possession of a residential property for a charity in Hampshire whose tenant claimed to have the benefit of an agricultural tenancy.
- Obtained judgment in favour of our client who we had help counterclaim against a boundary dispute. Judgment finally awarded at trial with costs awarded in favour of our client.
- Adverse possession claim for a large parcel of unregistered land that our client had occupied exclusively for over 20 years. Lengthy Tribunal proceedings ensued where various challenges by the executors of legal title’s estate over implied consent to be in occupation and whether client had been in exclusive occupation.
- Urgent application to remove trespassers from a public green in Romsey and later a second area after the persons unknown sought to trespass again after first obtaining possession.
- Settled right of way dispute without commencing proceedings between three sets of neighbours, two of which had built extensions over the right of way.
How we work with you
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.
Get in touch to speak with an expert.
Introducing your key contacts
David Eminton
Partner – Head of Dispute Resolution
Nicola Davies
Partner – Head of Property Litigation Team
Commercial Property Services
Chambers and Partners Legal Directory 2024
What the team is known for
Paris Smith has a property litigation team that represents clients across a range of sectors, including retail, leisure and tourism. The firm is particularly experienced in dealing with contentious landlord and tenant issues, such as dilapidations, lease disputes and break options. In addition, the team also has expertise in dealing with complex boundary and right of way disputes.
“The firm has excellent knowledge and gives sound advice. It provides a solid client service.”
“Paris Smith offers excellent advice covering several complex leases.”
“The lawyers at Paris Smith are professional and know what they’re doing.”
Notable Practitioners
David Eminton
David Eminton is head of property litigation team at Paris Smith. He is particularly well regarded for his experience in issues such as dilapidations, developments, and landlord and tenant disputes.
“David is an excellent partner who is on the top of his game. He knows a great deal about property law.”
“David is very thorough when dealing with complex matters.”
“He takes the time to debate complex issues with me and then sets out clear advice on how next to proceed.”
“He’s very competent with sound commercial advice.”
Nicola Davies
Nicola Davies advises landlords and tenants on disputes affecting commercial and residential property including forfeiture and renewals, damages and adverse possession claims.
“Nicola is a very good solicitor. She is experienced, competent and efficient.”
“She’s a highly commended lawyer.”
Legal 500 Directory 2025 Edition
With a strong presence in both Winchester and Southampton, the property litigation practice at Paris Smith LLP is co-led by David Eminton and Nicola Davies. Eminton is an ‘experienced litigator’ who is recommended for high-value dilapidation claims. Davies has broad expertise, which spans possession claims, breaches of covenant, forfeiture, and contested easements. Lucy Taggart is a key member of the team who regularly advises on service charges arrears, lease renewals, and break clauses.
What clients say
‘They are quick, attentive, and decisive in their decision making.’
‘The Paris Smith property litigation team is highly experienced but also practical and down to earth. They seek the right outcome for their clients, whether that be through the courts or through some form of alternative dispute resolution. It is their experience and adaptability that sets them apart from their competitors in the central south region.’
‘David Eminton has a wealth of knowledge about property law. He is an experienced litigator.’
‘Nicola Davies works hard to achieve the right result for her clients.’
‘David Eminton and Helen Brown both give clear advice.’
‘The team is responsive and gives exceptional, pragmatic advice.’ ‘Both Nicola and David give exceptional advice on very complex areas. They are both extremely responsive and communicative.’
How we’ve helped our clients
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