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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:

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.

Chambers Chambers Alternative

Introducing your key contacts

Nicola Davies

Partner – Head of Property Litigation Team

Chambers Top Ranked Logo 2024

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 Leading firm logo

Legal 500 Directory 2024 Edition

Headed by David Eminton, the Southampton-based property litigation practice at Paris Smith LLP is typically instructed by national retail companies, HNWIs, and charities to handle all aspects of contentious property matters. Nicola Davies is an expert on landlord and tenant disputes affecting commercial and residential property. Solicitor Lucy Taggart focuses on residential work for private individuals, while Lisa White deals with commercial lease renewals.

What clients say

“Nicola Davies is a very competent litigator.”

“Paris Smith have a very good reputation and knowing they were on our side, I felt we stood a good chance of a resolution and also it conveyed to the plaintiff we were serious. They have the resources to assist.”

“David Eminton- with 20 plus years as a solicitor under his wings, his experience and legal knowledge showed as we met with the opposing solicitors. As the meeting progressed, I felt I had the better legal mind and came out the other end with a good resolution.”

“Paris Smith handled the matter efficiently, closing it down quickly.”

“I was impressed by Lucy Taggart taking time to really understand the problem.”

“This is a stand-out property litigation team in the area offering strength in depth from top to bottom.”

“David Eminton and Nicola Davies in particular are consummate professionals, yet easy to deal with. They have a deep understanding of the law and the property litigation process and at the same time a very down to earth manner.”

How we’ve helped our clients

“Paris Smith’s Property Litigation team consistently provided an appropriate balance of detailed advice and considered pragmatism in relation to my cases. The advice given was always well-thought out, clearly communicated and delivered in an extremely timely manner and was very much appreciated.”

Wayne McNally, Estates Manager – South Oxfordshire & Vale of White Horse District Council

“We would like to thank you, Sarah and all your team for your help. We have felt very supported and really appreciate your super efficiency, speed, approachability and clarity. ”

Private Client – Land Dispute

“Nicola helped to lay out the appropriate steps we needed to take and guided us through these. She provided us with a detailed background of the case law surrounding our situation which helped us understand our position. This clarity helped give us the confidence to make the right decisions.”

1520 Management Company Ltd

“Lucy Taggart supported our recent boundary dispute with a neighbour. It was a challenging situation with strong opinions on both sides. Lucy helped us to navigate the legal process and it was very useful to have her advice and counsel at difficult times. Lucy certainly helped us to get to a point where we could come to an amicable agreement with our neighbour.”

S&G – Dispute with neighbour

“I recently conveyed a difficult property purchase via auction with Jin Takhar and David Eminton. Both are on the ball and very knowledgeable about conveyancing and property litigation respectively – these are not just my words but also of my mortgage broker who dealt with them too. Absolutely will be using them again for my next transaction and I have no hesitation recommending them to others.”

Michael Klamo – Auction Property Purchase

“A referee says “The firm has excellent knowledge and gives sound advice. It provides a solid client service;” whilst another adds “Paris Smith offers excellent advice covering several complex leases.” A third referee states “The lawyers at Paris Smith are professional and know what they’re doing.” ”

Chambers Legal Directory 2024

“A referee states “Paris Smith have a very good reputation and knowing they were on our side, I felt we stood a good chance of a resolution and also it conveyed to the plaintiff we were serious. They have the resources to assist;” whilst another says “Paris Smith handled the matter efficiently, closing it down quickly.” Another referee mentioned “This is a stand-out property litigation team in the area offering strength in depth from top to bottom.” ”

Legal 500 2024 Edition

“One source states “I have always found this team to be excellent not only in their advice to their clients but also their balanced view of the case. They are always quick to respond to queries and show a high level of patience in difficult situations.” Another adds “Paris Smith have an excellent knowledge of law relating to a variety of different fields. They are generally highly efficient and their staff are reachable and helpful.” A client says “They are extremely professional and go out of their way to keep you informed of case progression on an ongoing basis, without having to chase. You can always rely on them to deliver a good result, particularly Lucy Taggart in commercial property issues”; whilst other sources state the team are “extremely experienced in dispute resolution in property rental matters. Expert understanding of the relevant aspects of the legal system”; that they have “robust knowledge and experience in real estate matters”. Individual team members are praised with “David Eminton – very experienced and competent. Nicola Davies – very capable, good on landlord and tenant matters”; “Nicola Davies: excellent in all respects”; and “Lucy Taggart always keeps us up to date. Gives very good advice – very active and knowledgeable. An excellent solicitor. Highly recommend.”

Legal 500 Directory – 2023 Edition

“Referees say “David Eminton is an experienced litigator with a wide practice;” and “He is a knowledgeable, calm and supportive professional.” They also say “Nicola Davies is an able property lawyer with good overall awareness and a strong client care approach;” and “She is very experienced, highly competent and very personable.” ”

Chambers & Partners 2023 – Referee Comments

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